eDiscovery Journal » sanctions

Preserving e-evidence a difficult task – Lawyers Weekly

eDJ Syndicator — Mon, 30 Apr 2012 12:12:45 +0000

Lawyers WeeklyPreserving e-evidence a difficult taskLawyers WeeklyLast October, a Virginia judge slapped lawyer Matthew Murray with one of the largest e-discovery sanctions levied to date for advising his client to take down Facebook photos. “The rea...

Tiff production or Native Production? Avoiding Sanctions

eDJ Syndicator — Tue, 24 Apr 2012 01:21:40 +0000

Larsen v. Coldwell Banker Real Estate Corp., No. SACV 10-00401-AG (MLGx), 2012 U.S. Dist. LEXIS 12901 (C.D. Cal. Feb. 2, 2012) Plaintiffs’ request for production of ESI in native format,

Delta Lawyers Learn a Difficult Lesson: Court Levies Sanctions After Counsel’s Reliance on IT Department

eDJ Syndicator — Wed, 21 Mar 2012 18:13:00 +0000

Blog Post submitted by Brandon D. Hollinder (Falcon Discovery) With discovery seemingly complete and in the books, the situation takes an unexpected turn when Defendant located new data in In re Delta/AirTran Baggage Fee Antitrust Litigation. The court...

Deactivate Document Destruction Policies… Or Else

eDJ Syndicator — Thu, 15 Mar 2012 14:48:37 +0000

The New York Supreme Court, Appellate Division began it’s analysis in VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 2012 N.Y. App. Div. LEXIS 559 (N.Y. App. Div. Jan. 31, 2012) by affirming that the standard governing preservation of electronica...

Court Imposes Sanctions for Failure to Conduct Reasonable Inquiry and Late Production

eDJ Syndicator — Fri, 09 Mar 2012 02:19:00 +0000

In re Delta/AirTran Baggage Fee Antitrust Litig., ---F. Supp. 2d---, 2012 WL 360509 (N.D. Ga. Feb. 3, 2012) After repeated representations that all responsive documents had been produced, a defendant belatedly discovered and produced an additional 60,0...

Playing Hide-and-Seek: Failure to Preserve Footage and Non-Disclosure of Facebook Information Lead to Adverse Inferences for Both Parties

eDJ Syndicator — Mon, 13 Feb 2012 17:41:42 +0000

I’m sure Yogesh Patel did not “LOL” when a District Court judge ruled that an adverse inference was warranted for allegations of discovery abuse pertaining to messages sent on Facebook. In Patel v. Havana Bar, Judge Goldberg ordered both Plaintif...

The Duty to Preserve – When Should Lawyers Mistrust Their Clients?

eDJ Syndicator — Tue, 08 Nov 2011 23:46:30 +0000

I have been fortunate in my career to have really good clients. And I don’t mean that they pay their bills on time (which they do), but they are actually “good” clients, meaning that they don’t behave badly. I can honestly say that I am convinced each and every one of my clients has acted in good faith in responding to discovery requests in the cases on which I have worked. When I read cases like United Central Bank v. Kanan Fashions, Inc., 2011 WL 4396856 (N.D. Ill. Sep. 21, 2011), I feel like I should call each of them …

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Facebook Spoliation Costs Widower and His Attorney $700K in Sanctions

eDJ Syndicator — Tue, 08 Nov 2011 18:53:55 +0000

When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money. I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this…

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Tags: Allied Concrete Company, Attorney Misconduct, Civil Procedure, Deaths, Depressing stuff, Depressing Things, Discovery, Edward Hogshire, Facebook, Federal Rules of Civil Procedure, Isaiah Lester, Jessica Lester, Judge Edward Hogshire, Legal Ethics, Marlina Smith, Matt Murray, Patton Boggs, Screw-Ups, Social Networking Websites, Technology, Trials, Virginia, William Donald Sprouse, Wrongful Death

Court Sanctions Defendants for Elaborate Spoliation, Declines to Sanction Misled Counsel Unaware of "What was Going on Behind the Scenes"

eDJ Syndicator — Thu, 06 Oct 2011 18:37:41 +0000

United Cent. Bank v. Kanan Fashions, Inc., No. 10 CV 331, 2011 WL 4396912 (N.D. Ill. Mar. 31, 2011); United Cent. Bank v. Kanan Fashions, Inc., No. 10 C 331, 2011 WL 4396856 (N.D. Ill. Sept. 21, 2011) In this case, the magistrate judge recommended sanc...

News Flash: FJ Entered in Victor Stanley for $2,454,931.10, plus fees and costs

eDJ Syndicator — Mon, 03 Oct 2011 17:25:56 +0000

District Court Judge Marvin J. Garbis entered a final judgment on September 30, 2011, in Victor Stanley, Inc. v. Creative Pipe, Inc., a case made famous by earlier opinions on e-discovery by Magistrate Judge Paul Grimm. After the sanctions orders the o...