Closing The Loop

Articles on eDiscovery Case Law

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

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
2018 mid-year case law review

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