The Sedona Conference®, a charitable research and education institute “dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation and intellectual property rights” recently published an update to its 2007 Commentary on Legal Holds, which, according to its authors, “reflects an accurate view of reasonable and defensible practices that… Continue Reading
Victor Stanley, Inc. v. Creative Pipe, Inc., No. MJG-06-2662 (D. Md. Sept. 9, 2010)
For willful, bad faith discovery violations, including failure to implement a litigation hold, attempted deletion of ESI, actual deletion of ESI, and misrepresentations regarding the completeness of discovery, the Court recommended default judgment and a permanent injunction as to plaintiff’s copyright claim and ordered monetary sanctions and that defendants’ acts of spoliation be treated as contempt such that an individual defendant, the President of Creative Pipe, be jailed for not more than two years “unless and until” he pays the attorney’s fees and costs awarded.
Green v. Beer, 2010 WL 3422723 (S.D.N.Y. Aug. 24, 2010)
In this day in age, it is easy to believe that everybody is familiar with email. That is not always the case. In this opinion, the district court reversed an order of the magistrate judge which found that plaintiffs’ attorney-client privilege was waived as a result of their son’s receipt of privileged emails where it was established that the son’s assistance was necessary to ensure plaintiffs’ timely receipt of the emails, in light of plaintiffs’ lack of email proficiency.