Closing The Loop

Articles on eDiscovery Case Law

2nd Cir. Upholds $2.7M Discovery Sanction—in $20k Case

The Second Circuit recently upheld discovery sanctions stemming from the spoliation of evidence by an accused vendor of counterfeit goods, to the tune of $2.7 million, plus an additional $2.3 million bond to co... Casey C. Sullivan   |     14 Feb 2018

Court Imposes Sanctions for Boilerplate Discovery Objections

When it comes to the sanctionable reliance on boilerplate, you can’t say the profession hasn’t been warned. For years courts have attacked "the problem of boilerplate” in the discovery process, condemning the u... Casey C. Sullivan   |     17 Jan 2018

Wickr GC Jennifer DeTrani on Ephemeral Messaging, Discovery, and the Waymo-Uber Suit

Ephemeral messaging technologies, which retain messages for a limited period of time before automatically destroying them, have been around for years. But these technologies are just starting to capture the att... Casey C. Sullivan   |     20 Dec 2017

Now Available: 2017 Case Law Review Webinar

If one were to describe in a word the year in discovery law, she might come up with "familiar." Yeah, you've seen this movie before: sanctions for self-preservation, parties risking privilege waiver by using ne... Robert Hilson   |     07 Dec 2017

Withheld ESI Leads to 11th-Hour Delay in Waymo-Uber Trial

An impending trial in the trade secrets dispute between Uber and Waymo was put on hold this morning, just six days before trial was set to begin. They delay came after Waymo, the self-driving car business owned... Casey C. Sullivan   |     28 Nov 2017

Making Your Case for Expedited Discovery

Sometimes, you’re in a rush. But in litigation, it's not usually easy to get the information you need as quickly as you might want it. Discovery, after all, typically does not begin prior to an initial meet and... Casey C. Sullivan   |     15 Nov 2017

The Spoliation of an Election

When it comes to influencing elections, you can unleash an army of Twitter bots, curry favor with candidates’ closest advisers, create your own Super PAC—or you could just cut to the chase and hack the election... Casey C. Sullivan   |     02 Nov 2017

Getting It Right the Second Time? Judge Reverses Harleysville Insurance

If you’re a frequent reader of the blog, or just a follower of eDiscovery case law, you’ve probably heard about Harleysville Insurance Company v. Holding Funeral Home. (We’ve written about it here and here and ... Michael Simon   |     26 Oct 2017
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