Without Evidence Of Noncompliance, Trial Court Erred In Ordering Forensic Imaging

May 20, 14 Without Evidence Of Noncompliance, Trial Court Erred In Ordering Forensic Imaging

Posted in Burden, eDiscovery, Privilege, Spoliation

In Fasteners For Retail, Inc. v. DeJohn, the parties had a business dispute (causes of action included breach of confidentiality and unfair competition), and soon the eDiscovery gridlock began. Plaintiffs (FFR) sought “any relevant computer hard drives and electronic media”, defendants objected, the court ordered...

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“Indisputable Destruction” Of Evidence Warrants Sanctions, But Not Adverse Inference Request

The U.S. District Court for the Middle District of Florida issued an interesting order earlier this month in a salacious employment law matter. The Equal Employment Opportunity Commission (EEOC) brought an action against SunTrust Bank on behalf of several female employees of a SunTrust branch in Sarasota, Florida, all of whom...

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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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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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Data Manipulation And Attempt To Conceal Computer Lead To Spoliation Sanctions

Apr 03, 14 Data Manipulation And Attempt To Conceal Computer Lead To Spoliation Sanctions

Posted in eDiscovery, Spoliation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) When judges says “all,” they really mean all. So when a judge orders access to all of your computers, it would be in your best interest not to try to hide some of them. Now, the defendants in T&E Investment Group, LLC v. Faulkner were fairly clever in their attempts to hide...

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