Strategic eCertainty

  • FRCP

  • Strategic eCertainty

Posted on December 19th, 2014 by

In Peters v. Credit Protection Association LP, Case No. 2:13-cv-767 (S.D. Ohio November 26, 2014), a putative class action lawsuit alleging Defendant violated the Telephone Consumer Protection Act and the FCC rules by making artificial voice and pre-taped calls, Plaintiff’s eDiscovery requests sought information regarding all debt collection calls made in Ohio using an automated telephone system for …

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  • Strategic eCertainty

Posted on September 3rd, 2014 by

Work-product is a privilege issue that we encounter on a semi-regular basis. From the need for sophisticated automated issue coding technologies to inadvertent disclosures, questions surrounding work-product seem to have a firm footing in plaintiff eDiscovery. In Russel Dover, et al., v. British Airways, PLC (UK), (E.D.N.Y. August 15, 2014), the court was tasked with …

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  • eDiscovery

  • Electronic Discovery

  • Latest Trends and eDiscovery Case Law

  • Spoliation

  • Strategic eCertainty

Posted on August 8th, 2014 by

We often discuss spoliation in the sense that a party’s actions are overt, willful, and egregious during the process of discovery. However, an equally important question is whether a party that merely creates less accessible information has engaged in spoliation? The court took up this question in Mazzei v. The Money Store, et al., No. …

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  • eDiscovery

  • Electronic Discovery

  • Latest Trends and eDiscovery Case Law

  • Spoliation

  • Strategic eCertainty

Posted on August 6th, 2014 by

An important aspect of litigation for plaintiffs is being able to assess the level of conduct that will require plaintiffs to seek sanctions against a defendant. As such, a reasonable question is what type of conduct would warrant an adverse inference instruction? The court looked to answer this question in In re Black Diamond Mining …

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  • eDiscovery

  • Electronic Discovery

  • Latest Trends and eDiscovery Case Law

  • Litigation Holds

  • Sanctions

  • Spoliation

  • Strategic eCertainty

Posted on August 4th, 2014 by

When resolving spoliation issues between litigants, courts will fashion sanctions that properly address the severity of spoliation, place the parties on equal footing, and serve as a deterrent for future cases. This is a task that is not taken lightly, and one which the court sought to remedy in Brown v. Tellermate Holdings Ltd., et …

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