Closing The Loop

Articles on eDiscovery Case Law

Sexting, Smartphones, and Spoliation

Here’s a quick tip: If you’re suing a potential employer for sexting you during the hiring process, don’t throw out your cell phone while the case is ongoing. That may seem like obvious advice, but too often pl... Casey C. Sullivan   |     21 Sep 2017

ESI on Wheels: When Selling Your Semi-Truck Is Sanctionable

A generation ago, if you wanted to figure out how your Pontiac Firebird or Ford Fiesta worked, you could take the thing apart in your garage and put it back together (if you were lucky) in full working order. T... Casey C. Sullivan   |     20 Sep 2017

Accountant-Client Privilege Can’t Protect Exxon’s Audit Files

ExxonMobil can’t rely on accountant-client privilege to protect documents from an investigation into whether the Exxon, the largest private oil company in the world, had mislead investors about the expected imp... Casey C. Sullivan   |     14 Sep 2017

How to Avoid eDiscovery Production Disasters: New Webinar

Angry clients, embarrassing headlines, potential malpractice claims, reputational damage, fees and sanctions, these are just some of the possible consequences of an eDiscovery production gone wrong. And given t... Casey C. Sullivan   |     13 Sep 2017

Slow, Expensive, Lopsided Discovery Leads Court to Split Costs

Conducting discovery on a single email account, for a relatively simple matter, shouldn’t require two to four days for data processing. It shouldn’t take two to three days to prepare a production. And it should... Casey C. Sullivan   |     07 Sep 2017

Discovery Woes Plague Uber in Waymo Lawsuit

Uber could be left with some discovery-related whiplash after a rough few days in federal court last week. The ride-hailing company is in the midst of a high profile lawsuit with Waymo, a self-driving car compa... Casey C. Sullivan   |     23 Aug 2017

A Clawback Agreement Can’t Save Botched Privilege Review

You’re beginning discovery on a case. When you meet with opposing counsel, you both agree that a formal 502(d) court order isn’t necessary here. Instead, you enter into a clawback agreement. Should anyone accid... Casey C. Sullivan   |     16 Aug 2017

Court Okays eDiscovery Prior to Class Certification in PwC Age Bias Case

Do hiring practices focused on young applicants and recent college graduates constitute illegal age discrimination? They do according to several over-40 job seekers who applied to work at PwC, the venerable acc... Casey C. Sullivan   |     11 Aug 2017
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