Pulling The Trigger: 4 Tips On Big Data Preservation

Apr 10, 14 Pulling The Trigger: 4 Tips On Big Data Preservation

Posted in eDiscovery, Preservation

Big data preservation can be tough.  We earlier wrote about Pillay v. Millard Refrigerated Services, Inc., where automatic deletion of big data lead to sanctions.  The plaintiff, Pillay, alleged that Millard fired an employee named Ramirez because Millard believed Ramirez to be disabled, and then that Pillay was fired for...

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Deleted Facebook Posts And Texts Cause Trouble For Employment Discrimination Plaintiff

In Painter v. Atwood, a Nevada case from last month, the plaintiff alleges that Dr. Atwood, her former boss, “climbed on top of her with his pants undone and held her down.” In a subsequent deposition, defendant “stated that he was only attempting to tickle Plaintiff and that the sexual nature of their...

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Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Apr 07, 14 Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Posted in eDiscovery, Litigation, Preservation, Spoliation

Riley v. City of Prescott is an interesting case focused on employment law, where the plaintiff alleges that she was terminated from her job as retaliation for her organizing a protest against some government officials. You can read the full facts, plus a detailed analysis as to whether her firing passes Constitutional muster, in...

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Database Discovery – How To Preserve, Collect And Search

Apr 04, 14 Database Discovery – How To Preserve, Collect And Search

Posted in eDiscovery, Preservation

Our friends at the Sedona Conference® have a great publication on database discovery, and we wanted to offer our readers a bite-sized version of database discovery 101.  Databases are oft beasts of a different nature. As the Sedona Conference® points out, databases contain discrete categories of information, divided into individual...

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Failure To Preserve Relevant Text Messages Leads To Adverse Inference Instruction

Feb 26, 14 Failure To Preserve Relevant Text Messages Leads To Adverse Inference Instruction

Posted in eDiscovery, Preservation, Spoliation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Even if it’s not a conscious decision, as we’ve recognized before, few things look more suspect than the selective deletion of text messages. In Polo-Calderon v. Corporacion Puertorriqueña de Salud, a court in Puerto Rico recently sanctioned the plaintiff for failing to preserve...

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Preservation Primer: Five Pitfalls To Avoid

Feb 11, 14 Preservation Primer: Five Pitfalls To Avoid

Posted in eDiscovery, Preservation, Spoliation

How does one prevent common preservation mistakes, such as failing to flip the “off” switch, the spreadsheet switcheroo, or the fire-and-forget hold, the never-ending litigation hold, or dragooning employees into service as forensic technicians?  First, for those who haven’t drank the eDiscovery Kool Aid, a brief primer...

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