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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Littler Mendelson ordered by Published Date Descending.
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New Washington State Law Restricts Permissible Discovery Of Plaintiff's Medical Records In Discrimination Lawsuits
A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff's medical records in litigation brought under Washington's Law Against Discrimination ("WLAD").
United States
27 Apr 2018
2
Court Extends Proportionality Principle To Duty To Preserve
The court extended and applied Rule 26(b) proportionality to the issue of ESI preservation, and gave dispositive weight to the plaintiff's sample-based review of the contents of the devices.
United States
13 May 2015
3
Court Denies Sanctions, 'Discovery On Discovery' Once Defendant Provides Basic Litigation Hold Details
In Brown v. West Corp., 8:11CV284, 2013 U.S. Dist. LEXIS 170966, after having previously ordered the defendant to provide discovery on their litigation hold process and efforts to search for relevant ESI, U.S. District Court Judge Lyle E. Strom denied sanctions holding that the defendant had provided "sufficient evidence" related to its "preservation and search protocols."
United States
13 Feb 2014
4
Court Orders In Camera Review Of Plaintiff's Facebook Profile
In a recent case, a New York appellate court modified the trial court’s ruling requiring the plaintiff to produce Facebook information.
United States
29 Apr 2013
5
EEOC Sanctioned For Failing To Produce Class Claimants' Social Media ESI And Other E-Discovery Misconduct
In a recent case, the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission for failing to provide social media discovery and for causing unnecessary delays in the e-Discovery process.
United States
19 Mar 2013
6
Court Finds Party Complied With ESI Request, But Sanctions For Failure To Produce Paper Records
In a recent case, U.S. Magistrate Judge K. Gary Sebelius, granted in part, and denied in part, the defendants' motion for sanctions, holding that the defendants failed to demonstrate that the plaintiff destroyed relevant evidence.
United States
8 Mar 2013
7
Court Denies Motion To Compel Facebook Authorization Citing Insufficient Showing Of Relevance
In Tompkins v. Detroit Metropolitan Airport, et. al. [pdf], No. 10-1-413, U.S. Magistrate Judge R. Steven Whalen denied Defendant Northwest Airlines' Motion to Compel Plaintiff to Execute Facebook Authorizations, holding that the defendant failed to demonstrate the plaintiff's Facebook activity contained information relevant to the litigation.
United States
8 Mar 2013
8
Court Denies Spoliation Motion Holding Plaintiff Fully Complied With Its Preservation Obligation
In Spanish Peaks Lodge, LLC v. Keybank National Assoc. [pdf], No. 10-453, Senior U.S. District Judge Donetta W. Ambrose denied Keybank's motion for spoliation sanctions holding that defendant Voyager Holdings failed to present any evidence that Voyager instituted a document retention policy for the sole purpose of destroying documents relevant to the litigation.
United States
8 Mar 2013
9
Court Finds Defendant's Lack Of Preservation Grossly Negligent
In Star Direct Telecom, Inc. v. Global Crossing Bandwidth, Inc., No. 05-CV-6734T, U.S. Magistrate Judge Marian W. Payson, granted, in part, plaintiff U.S. Telesis Inc.’s Motion for Spoliation Sanctions holding that the defendant failed to preserve the email and computers of key custodians after the commencement of litigation.
United States
8 Mar 2013
10
Court Orders Adverse Inference Instruction For Bad Faith Spoliation Of ESI
In Aviva USA Corp. v. Vazirani [pdf], No. 11-0369, U.S. District Court Judge James A. Teilborg, denied the plaintiffs' request that they be granted judgment on liability and granted the plaintiffs' request for an adverse inference instruction against the defendants for their bad faith spoliation of evidence related to the lawsuit.
United States
8 Mar 2013
11
Court Orders Parties To Confer On Search Terms And Utilize Parties' Clawback Order
In Adair v. EQT Production Co., U.S. District Court Judge James P. Jones overruled, in part, the defendant’s objections to the magistrate’s order that the defendant run search terms on the email accounts for eight employees and produce all key-word positive emails except those that were sent to or received by the defendant’s counsel.
United States
8 Mar 2013
12
Court Orders Forensic Inspection In Part Due To Plaintiffs Failure To Timely Respond To Discovery
In Wynmoor Community Council, Inc. v. QBE Insurance Corporation [pdf], No. 10-62411, U.S. Magistrate Judge Lurana S. Snow granted the defendant's motion to compel electronic discovery and ordered the plaintiffs to submit to a court-ordered forensic inspection of its electronic information systems at the defendant's cost.
United States
8 Mar 2013
13
Court Orders Cost-Shifting For Production Of Inaccessible Accounting Data
In Annex Books v. City of Indianapolis [pdf], No. 1:03-cv-918, U.S. Magistrate Judge Tim A. Baker granted the defendants’ motion to compel the plaintiffs’ bookkeeping data, but held that the defendants would be required to pay all future costs and expenses associated with additional attempts to compile or import the data.
United States
8 Mar 2013
14
Court Denies Motion For Sanctions Absent Evidence Information Existed And Was Destroyed
In Kincaid v. Wells Fargo Securities LLC, et. al., U.S. Magistrate Judge Paul J. Cleary denied Plaintiff's Motion for an Adverse Inference Instruction, holding that the plaintiff failed to prove that any relevant evidence was destroyed or withheld.
United States
8 Mar 2013
15
E-Discovery: New California Rule Of Court Requires Advance Meeting And Planning
On August 14, 2009, the California Judicial Council formally amended California Rule of Court 3.724, thereby requiring California litigants to meet and confer regarding the discovery of electronically stored information ("ESI").
United States
13 Jan 2010
16
E-Discovery: Three Major Challenges For Employers
The December 1, 2006 amendments to the Federal Rules of Civil Procedure have focused intense attention on the burdens and risks of electronic discovery. Employment litigation magnifies those burdens and risks for reasons typically absent from other forms of litigation.
United States
9 Jan 2007
17
Year-End Employee Benefits and Executive Compensation Checklist
Employers sponsoring retirement plans, welfare plans and deferred compensation arrangements should be mindful of certain actions which must take place by December 31 of this year.
United States
8 Dec 2005
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