Closing The Loop

Articles on eDiscovery Case Law

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... Christopher Coble   |     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... 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
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