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What's New in E-Discovery and Spoliation?

January 13, 2006

Southern District of New York Reviews State of the Law Regarding Issuance of Preservation Orders and addresses the propriety of a “Document Retention Questionnaire” and Search Protocol for E-Discovery.

Written by Steve Herman
January 9, 2006

Sixth Circuit Rejects Claim of Spoliation under State or Federal Law where Destruction Occurs Before Defendant is Placed on Notice of Claim.

Written by Steve Herman
December 15, 2005

Court Denies Motion for Sanctions Against Employer Accused of Misleading the Court Regarding the Scope and Accessibility of E-Discovery.

Written by Steve Herman
November 1, 2005

Lucent and Counsel to be Sanctioned for Withholding and Destroying Documents in Patent Infringement Case.

Written by Steve Herman
October 24, 2005

Court Allows Expert Access to Servers.

Written by Steve Herman
October 19, 2005

Tenth Circuit reverses dismissal of action as sanction for failure to preserve electronic data in third party’s control.

Written by Steve Herman
October 7, 2005

Ninth Circuit reverses $50,000 sanction where evidence of intent is lacking.

Written by Steve Herman
October 5, 2005

Eleventh Circuit finds that adverse inference is insufficient where owner allows vehicle to be sold for salvage in crashworthiness suit.

Written by Steve Herman
June 1, 2005

Sanctioned Morgan Stanley hit with $1.45 Billion verdict.

Written by Steve Herman
May 31, 2005

Supreme Court reverses Arthur Andersen’s obstruction of justice conviction; troubling dicta regarding document destruction policies.

Written by Steve Herman