Closing The Loop

Articles on eDiscovery Case Law

Purple Haze: Hendrix Family Faces Spoliation Sanctions

Since Jimi Hendrix, arguably the greatest guitarist of all time, passed away in 1970, his family and heirs have been embroiled in near-continuous litigation over copyright infringement. Now, it’s escalated to e... Eleanor Brock   |     13 Dec 2018

Discovery Obstruction as Attorney Misconduct: Lawyer Suspended in Egregious Case

The Ohio Supreme Court won’t stand for ignoring discovery—or lying. Last week, the court indefinitely suspended Cleveland attorney Steven J. Moody, the ABA Journal reports, in a story that comes to us via Ride ... Eleanor Brock   |     25 Oct 2018

AI-Driven Discovery Process Produces Millions of Unresponsive Docs

An AI-driven discovery process went off course recently, spinning out of control in class action litigation against some of the nation’s largest airlines. The result: millions of unresponsive documents produced... Casey C. Sullivan   |     20 Sep 2018

Houston We Have a Sanction: Case-Dispositive Sanctions for Discovery Misconduct

If you’re one of the hundreds of people arrested without a warrant in Houston every week, and we hope you’re not, you may find yourself detained for more than 48 hours without a probable cause hearing. That ext... Casey C. Sullivan   |     12 Sep 2018

In the Face of Unmatched Data Growth, a Legal Doctrine Evolves

Over 50 years ago, Charles Katz strolled into a phone booth on Sunset Boulevard in Los Angeles and placed a call to the East Coast, relaying gambling information on some college basketball games. Unbeknownst to... Waldo Jeffers   |     30 Aug 2018

Discovery Dispute Leads Judge to Cite Rambo, Threaten Kissing, and Quote Elvis

Judge Fred Biery is fed up with discovery gamesmanship. A U.S. District Judge in the Western District of Texas, Biery recently issued a status conference order touching on the scope of discovery in a trade secr... Casey C. Sullivan   |     22 Aug 2018

Anonymous Messaging Doesn’t Protect Identity From Civil Discovery

As the old saying goes, on the internet, no one knows you’re a dog. The adage, coined in 1993 ago by New Yorker cartoonist Peter Steiner, remains as relevant today as it did 25 years ago. Except now, instead of... Casey C. Sullivan   |     09 Aug 2018

Social Media and Discovery in Criminal Cases

The cops are on Facebook. They’re posting from their own department accounts, scrolling public feeds, sending friend requests from fictitious profiles, and getting warrants for photos and other personal data. B... Waldo Jeffers   |     01 Aug 2018
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