What's New in E-Discovery and Spoliation?

August 4, 2011

ABA Issues Opinion that No Duty is Owed under Rule 4.4(b) when an Employer’s Lawyer Receives Copies of an Employee’s E-Mail Communications with the Employee’s Counsel on the Employer’s Computer System.

Written by Steve Herman
May 25, 2010

Magistrate Judge in the Northern District of Illinois imposes Sanctions where, after EEOC complaint was filed, Defendant Allowed Individuals Involved in alleged discriminatory conduct to Search their Own Computers and Decide What to Preserve.

Written by Steve Herman
January 13, 2010

Judge Rosenthal Imposes Sanctions in Case of Intentional Spoliation.

Written by Steve Herman
January 13, 2010

Judge Scheindlin Re-Visits Zubulake in Securities Case Involving Spoliation.

Written by Steve Herman
November 18, 2009

Court Orders Re-Production in Native Format where Files Were Originally Produced in PDF Form.

Written by Steve Herman
October 28, 2009

Court Orders Production of Raw Data Despite Defendant’s Claims of Undue Burden and Expense Required to Create New Dataset.

Written by Steve Herman
July 27, 2009

Court Compels Defendant to Re-Produce Database in Native Format.

Written by Steve Herman
July 7, 2009

Court Reduces Hourly Rate of Attorney Due to Inexperience with E-Discovery.

Written by Steve Herman
June 22, 2009

Plaintiff Experts Allowed to Access Defendant’s Backup Tapes In Order to Verify Completeness of Production.

Written by Steve Herman
May 19, 2009

Magistrate in District of New Jersey Holds that Right to Production in Native Format Can Be Waived.

Written by Steve Herman