Overbroad Discovery Requests: Another “Fishing Expedition” Cut Short

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) We write about eDiscovery a lot here at IT-Lex, and one recurring theme really seems to stand out—put the time and thought into your discovery requests. This time around, it’s important to remember to be sufficiently specific in your requests for production. In a recent short...

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Craig Ball Releases Draft Of ‘Lawyers’ Guide To Forms Of Production’

May 21, 14 Craig Ball Releases Draft Of ‘Lawyers’ Guide To Forms Of Production’

Posted in Burden, eDiscovery, Preservation, Search

IT-Lex Member and eDiscovery Hall of Famer Craig Ball recently released the first draft of his ‘Lawyers’ Guide to Forms of Production’. As regular readers of this site will know, this is a hot-button issue these days – just last week we posted about another case where form of production was central to the...

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Fourth Circuit Vacates DuPont Verdict, Leaves eDiscovery Sanctions Untouched

Apr 21, 14 Fourth Circuit Vacates DuPont Verdict, Leaves eDiscovery Sanctions Untouched

Posted in eDiscovery, Preservation, Spoliation

By Philip J. Favro (bio / Twitter / LinkedIn) The Fourth Circuit made waves earlier this month when it vacated a $919 million judgment issued in favor of manufacturer DuPont in a trade secret dispute against one of its competitors. In 2011, the jury in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc. found that Kolon had...

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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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