January 13, 2006
First Circuit Affirms Entry of Default as a Discovery Sanction under Rule 37.
Written by Steve Herman
January 13, 2006
Third Party Has No Standing to Object to Discovery on Behalf of Others who Posted Internet Messages Anonymously on First Amendment Grounds.
Written by Steve Herman
January 13, 2006
Seventh Circuit Holds that the Computer Fraud and Abuse Act Applies to Employees as Well as Hackers.
Written by Steve Herman
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