Closing The Loop

Articles on eDiscovery Case Law

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... Christopher Coble   |     01 Aug 2018

The Most Important eDiscovery Cases of 2018 (So Far)

2018 has been an unusually quiet year for eDiscovery cases. Usually by this point, we would have at least a few blockbuster cases, with big sanctions and big controversy to make a big deal over. While we have h... Casey C. Sullivan   |     06 Jun 2018

Judge Throws Flag on Former NFL Players' Discovery Misconduct

If you followed football in the 70’s and 80’s, you might remember Los Angeles Rams quarterback Vince Ferragamo, Tampa Bay Buccaneers running back Michael "Tony" Davis, or Dallas Cowboys tight end Billy Joe DuPr... Casey C. Sullivan   |     17 May 2018

Litigation Funding Often Remains Outside the Scope of Discovery

To supporters, litigation funding groups promise to “level the playing field,” allowing parties to bring suits they otherwise would not have the resources to pursue and providing law firms with the cash they ne... Casey C. Sullivan   |     16 May 2018

Malpractice Claims Await Lawyers Who Neglect Discovery Obligations

It’s bad enough when a client destroys evidence. Spoliation, after all, can result in significant monetary sanctions. It can bring case-dispositive adverse inferences and even default judgments. Casey C. Sullivan   |     05 Apr 2018

Virginia Likely to Make Discovery Sanctions Easier, Reject FRCP Approach

Virginia could soon adopt legislation that would make it much easier to obtain potentially case-changing sanctions for the spoliation of evidence. Under proposed legislation currently on the fast track to the g... Casey C. Sullivan   |     28 Feb 2018

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

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