Closing The Loop

Articles on eDiscovery Case Law

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

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
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