Closing The Loop

Articles on eDiscovery Case Law

Taylor Swift's eDiscovery Woes: Spoliation in Celebrity Grope Case

The trial of the century began this week, as Taylor Swift and a former disc jockey met in civil court in Denver, Colorado. (Okay, well maybe not the trial of the century, but certainly a trial of the century.) ... Casey C. Sullivan   |     10 Aug 2017

Pro Se Plaintiff Gets Pizza Costs as a Discovery Sanction

In a world of increasingly massive discovery bills—the million-dollar vendor bill here, the occasional $19 million spent on attorneys’ fees during discovery there—it’s nice to see discovery costs that seem, wel... Casey C. Sullivan   |     07 Aug 2017

Expert Insights Into the 9th Circuit: Podcast Now Available

The Ninth Circuit is the largest federal court of appeals in the country, with an influence to match. Whether it’s wrestling with dated cybersecurity laws, responding to the president’s travel bans, or determin... Casey C. Sullivan   |     02 Aug 2017

'No Harm, No Foul' When Claiming Prejudice From Spoliation, Court Says

When it comes to requesting sanctions for ESI spoliation, you could turn to the Rule 37(e), with its extensive case law and revision history. Or you could go for something more concise, as U.S. Magistrate Judge... Casey C. Sullivan   |     28 Jul 2017

Judge Waxse on Why Judges Shouldn't 'Sit Back and Let Lawyers Litigate'

Cooperation, Magistrate Judge David J. Waxse has noted, is written into human DNA, an evolutionary adaptation that has emerged over millennia—though one might not realize it when looking at contemporary litigat... Casey C. Sullivan   |     24 Jul 2017

Will SCOTUS Clarify How Far the Government Can Go to Get Cloud-Stored Data?

The cloud makes just about everything better, whether it’s email, online storage, or eDiscovery. That is, unless you’re a government lawyer trying to subpoena private user data, in which case the cloud can quic... Eric Pesale   |     13 Jul 2017

A Company’s Computer Policy May Destroy Attorney-Client Privilege

For many people today, the line between work and personal life is blurry at best. There are, of course, emails that come in during family meals and vacations interrupted by emergency calls. But there are also c... Casey C. Sullivan   |     03 Jul 2017

Blair and Maron (Still) Must Die!

This is part two of Michael Simon's piece on why Blair and Maron's dated study needs to stop exerting so much influence in the eDiscovery industry. Part one can be read here.  Computer systems have gotten much ... Michael Simon   |     29 Jun 2017
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