Closing The Loop

Articles on eDiscovery Case Law

Proving Intent to Deprive Under Rule 37(e)(2)—Or, More Often, Not

Continuing our coverage of “the end of sanctions” and new barriers to sanctions created by the 2015 amendments to Federal Rule of Civil Procedure 37(e), today we’re taking a look at one of the most significant ... Casey C. Sullivan   |     18 Apr 2019

Barriers to Rule 37(e) Sanctions: Proving the Loss of ESI and Resulting Prejudice

The 2015 amendments to Federal Rule of Civil Procedure 37(e), the rule governing spoliation sanctions, have led to a dramatic decrease in such sanctions over the past three years, recent research from Logikcull... Casey C. Sullivan   |     11 Apr 2019

[Video] The ‘End of Sanctions’ in 10 Minutes or Less, Plus Responses From Judges

  Casey C. Sullivan   |     28 Mar 2019

The End of Sanctions? New Report Details Dramatic Decline in Spoliation Penalties

Are we seeing the end of eDiscovery sanctions? The data indicates a powerful trend in that direction. In the three years since the amendment of Rule 37(e) of the Federal Rules of Civil Procedure in December 201... Casey C. Sullivan   |     21 Mar 2019

Emojis Are Increasingly Making Their Way Into Litigation

It’s officially 2019. We haven’t mastered FOIA response, or put a woman on Mars. But texting is next-level fun—because everyone and their mom uses emojis. 🤗 But these little, yellow icons are posing some novel... Eleanor Brock   |     07 Mar 2019

The Most Important eDiscovery Cases of 2018

Last June, we reported that the year in eDiscovery case law so far had been “unusually quiet.” Half way through the year, there were few blockbuster cases, no major sanctions, no upsets to long-followed practic... Casey C. Sullivan   |     03 Jan 2019

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
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