Closing The Loop

Articles on eDiscovery Case Law

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

The Spoliation of an Election

When it comes to influencing elections, you can unleash an army of Twitter bots, curry favor with candidates’ closest advisers, create your own Super PAC—or you could just cut to the chase and hack the election... Casey C. Sullivan   |     02 Nov 2017

Getting It Right the Second Time? Judge Reverses Harleysville Insurance

If you’re a frequent reader of the blog, or just a follower of eDiscovery case law, you’ve probably heard about Harleysville Insurance Company v. Holding Funeral Home. (We’ve written about it here and here and ... Michael Simon   |     26 Oct 2017

Google Asks for $10k-a-day Sanctions—Against Itself

Google is facing sanctions of $10,000 a day for refusing to turn over documents that could be stored on foreign-based servers—sanctions that were imposed on Google’s own request. The tech giant is in the unenvi... Casey C. Sullivan   |     25 Oct 2017

Sexting, Smartphones, and Spoliation

Here’s a quick tip: If you’re suing a potential employer for sexting you during the hiring process, don’t throw out your cell phone while the case is ongoing. That may seem like obvious advice, but too often pl... Casey C. Sullivan   |     21 Sep 2017

ESI on Wheels: When Selling Your Semi-Truck Is Sanctionable

A generation ago, if you wanted to figure out how your Pontiac Firebird or Ford Fiesta worked, you could take the thing apart in your garage and put it back together (if you were lucky) in full working order. T... Casey C. Sullivan   |     20 Sep 2017

Accountant-Client Privilege Can’t Protect Exxon’s Audit Files

ExxonMobil can’t rely on accountant-client privilege to protect documents from an investigation into whether the Exxon, the largest private oil company in the world, had mislead investors about the expected imp... Casey C. Sullivan   |     14 Sep 2017
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