Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion to Compel Production of Text Messages Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Plaintiff’s Request for His Entire PST File … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Defense Request To Allocate Discovery Costs … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance … Read more » Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Motion for Sanctions Denied for Automatic Deletion of Browsing History … Read more » Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection … Read more » Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol … Read more » No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
The Choice is Yours: ESI Production Under FRCP 34 … Read more » Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Adverse Inference Instruction Ordered for ESI Spoliation Outside the Scope of FRCP 37(e) … Read more » Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action … Read more » Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Re Deleted Audio Recording, Court Unpersuaded FRCP 37(e) Applied-Intentional Spoliation Found and Sanctions Ordered Instead … Read more » Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms … Read more » Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive … Read more » Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business … Read more » Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations … Read more » Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case … Read more » Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown … Read more » Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case … Read more » Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion … Read more » Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant’s ESI Default Spoliation Sanction Reduced … Read more » Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It … Read more » UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action … Read more » Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats … Read more » NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage … Read more » Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment … Read more » FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI … Read more » Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP? … Read more » Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law … Read more » Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer … Read more » Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors … Read more » District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case … Read more » Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings … Read more » Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26 … Read more » Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence … Read more » District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents … Read more » Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Has the Amended FRCP 26(b) Made Substantive Changes to Case Law? … Read more » U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee … Read more » Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination … Read more » No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails … Read more » What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
What are the Top eDiscovery Case Law Trends of 2016? … Read more » Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI … Read more » Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment … Read more » Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Compels Defendant Employer to Produce Computers for Forensic Examination … Read more » Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data … Read more » District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District Court Affirms No Native Format Production After Three Years of PDF Production … Read more » Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge … Read more » Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found … Read more » Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production … Read more » Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion … Read more » Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order … Read more » Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b) … Read more » U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry” … Read more » Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Massive Punitive Damages Award Rendered for Email Spoliation … Read more » Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery … Read more » Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad … Read more » Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Sony and Samsung’s eDiscovery Cost Award Reduced by 75 Percent in Patent Litigation Case … Read more » Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target … Read more » Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions … Read more » Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a) … Read more » Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production … Read more » Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case … Read more » Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata … Read more » Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Holds Informal Requests Sufficient for Meet and Confer Requirement … Read more » District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor … Read more » Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Schools Defendant on Deduplication of Email … Read more » Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendants and Counsel to Share Liability for Failing to Disclose a Server … Read more » Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google … Read more » Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data … Read more » SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion … Read more » Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive … Read more » The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
The New Standard for Spoliation Sanctions: Amended Rule 37 … Read more » Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Spoliation Sanctions Against Plaintiff Limited to Attorney Fees … Read more » Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Adverse Inference Sanction Ordered Following Defendant’s Intentional Spoliation of ESI … Read more » Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index … Read more » Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to Preserve … Read more » Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Former Harvard Professor Gains Access to ESI … Read more » Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware … Read more » The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
The Recent Amendments to FRCP: Retroactive Case Applications … Read more » Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging … Read more » Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Southern District of California Applies Amended FRCP to Sanctions Order and Vacates … Read more » Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders Parties to Propose New Methods of Organizing Defendant Document Production … Read more » Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments … Read more » NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI … Read more » Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Television Station Compelled to Produce Emails in Defamation Case … Read more » Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders $300K in eDiscovery Costs to Plaintiffs … Read more » District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District Of Kansas Orders Production in Native Format … Read more » Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Defendant’s Wife Ordered to Provide iPhone for Forensic Examination … Read more » Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Orders Defendant to Produce Native Files of Draft Affidavits … Read more » Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Chides Federal Government For Inadequate ESI Production … Read more » It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
It Never Hurts to Ask: Case Law Update Regarding Requesting Native File Format … Read more » Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Finds 2,300 Page Privilege Log Unreasonable … Read more » Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
Court Permits Apple To File Its eDiscovery Vendor Invoices Under Seal … Read more » District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
District of South Dakota Issues Severe Discovery Sanctions Because of Fraudulent Email … Read more » Amended FRCP Likely Effective as of December 1, 2015 … Read more »
