Tagged with: AdverseInference

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June 22nd, 2018

Why Were Search Terms for Both Sides Rejected by an Ohio Magistrate Judge?

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    • Litigation Holds

    Posted on June 28th, 2016 by

    Spoliation refers to the intentional destruction of evidence that would be favorable to the other side. While it may sound like the stuff of a television procedural and not real litigation, spoliation of electronic evidence such as emails and data files is quite common. Federal courts may sanction the spoliating party in a number of …

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    • eDiscovery

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    • Sanctions

    Posted on April 27th, 2016 by

    Prior to the filing of AKH Company, Inc. v. Universal Underwriters Insurance Co., Case No. 13-2003 (D. Kansas, Apr. 11, 2016), Plaintiff was involved in a trademark infringement case in which Defendant defended Plaintiff and settled the case under a reservation of rights. During the underlying trademark case, Plaintiff retained a document management company to …

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    • Latest Trends and eDiscovery Case Law

    • Sanctions

    Posted on April 20th, 2016 by

    In Epic Systems Corp. v. TATA Consultancy Services Ltd. et. al., Case No. 14-748 (W.D. Wis., March 23, 2016), Plaintiff sued Defendants for allegedly using its trade secrets and confidential information without permission. During a long and drawn-out discovery period fraught with disputes, the Court fielded numerous discovery Motions including motions to compel, motions for …

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    • Latest Trends and eDiscovery Case Law

    • Litigation Holds

    • Spoliation

    Posted on October 19th, 2015 by

    In HMS Holdings Corp. et. al. v. Arendt et. al. NY Slip Op 51034(U) (July 14, 2015) (a case we previously wrote about in which the Albany County Supreme Court found that two attorney Defendants had intentionally spoliated evidence), the Plaintiffs filed a motion for a preliminary injunction based upon a previous adverse inference instruction they received due to …

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    • Latest Trends and eDiscovery Case Law

    • Litigation Holds

    • Sanctions

    Posted on August 24th, 2015 by

    In HM Electronics, Inc. v. R.F. Technologies, Inc. et. al., Case No. 12-2884 (S.D. Ca., August 7, 2015), Plaintiff moved for sanctions, alleging that Defendant and its attorneys committed numerous discovery violations, including intentionally destroying relevant documents, falsely certifying that certain documents existed, and filing false reports with the court, among other things. Plaintiff also alleged that Defendant’s counsel …

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