Closing The Loop

Articles on eDiscovery Case Law

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

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
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