Severe eDiscovery Misconduct: Possible Jail Time for Civil Contempt
“Among the sanctions that this memorandum imposes is a finding, pursuant to Fed. R. Civ. P. 37 (b) (2) (A)(vii), that Pappas’s pervasive and willful violation of serial Court orders to preserve and...
View ArticleDocument Preservation: Spoliation and the “Ultimate Sanction”
The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic...
View ArticleAll’s “Well” for Halliburton: No Sanctions Result from BP’s Spoliation Claims
United States District Judge Carl Barbier recently affirmed Magistrate Judge Sally Shushan’s denial of BP’s motion for spoliation sanctions against Halliburton Energy Services, Inc. BP alleged that...
View ArticleHow Will Proposed Changes to Federal e-Discover Rules Affect Your Practice?
The Federal Rules of Civil Procedure (Rules) may change the case management, scope, and sanctions related to e-discovery in federal courts, starting in late 2015. Proposed changes seek to encourage...
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