Dodging Deserved Spoliation Sanctions

Although it appears that the jury will hear about the defendants bad acts, I am disappointed that the court declined the harsher subsection (e)(2) because the plaintiffs did not have evidence of intent. This ruling could temp corporations to ‘lose’ encryption keys rather than deal with evidence. I bet that if you had all the various communications between the key players you would find [...]

By |2021-06-03T14:43:36-05:00June 3rd, 2021|Caselaw, Federal, News, Collection|0 Comments

Early Meet & Confer for 30(b)(6) Witness Scope

The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this [...]

By |2020-12-11T14:22:23-06:00December 11th, 2020|Caselaw, Federal, Regulations, News|0 Comments

Nuggets of Gold from a TAR Fight – Pt 2

I wanted to take advantage of Rob Robinson’s timely release of his Winter 2021 eDiscovery Pricing Survey Results and compare a few key prices with those I calculated in my blog analysis of the TAR fight order in Lawson v. Spirit Aerosystems. I appreciate and encourage Rob to keep running his surveys. Seventy nine respondents (n=79) is quite respectable given the recent proliferation of [...]

By |2020-12-08T11:27:58-06:00December 8th, 2020|Caselaw, Federal, Provider, Essay, Firm, Processing, Analysis, Review, Purchase|1 Comment

Best Hosted Analytics Options for Non-Litigation Discovery?

My philosophy is once a client, always a client. Got what seemed to be a typical referral request from a counsel I had recently supported on a corporate client matter. The classic, “Who do you recommend for Relativity hosting?” quickly went down a rabbit hole of new generation data sources, foreign language docs and such that wrote off any of the new self-service providers/platforms. [...]

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