This week, the U.S. District Court for the Northern District of California announced "new Guidelines for counsel and litigants regarding the discovery of electronically stored information ("ESI")." According to the Court’s announcement: The Guidelines are designed to establish best practices for evidence preservation in the digital age and to ensure that local practices regarding the… Continue Reading
Taylor v. Mitre Corp., 2012 WL 5473573 (E.D. Va. Nov. 8, 2012) adopting recommendations of Taylor v. Mitre Corp., 2012 WL 5473715 (E.D. Va. Sept. 10, 2012)
In this case, the Magistrate Judge found that dismissal of Plaintiff’s claims was warranted for his “egregious” discovery conduct, including physically destroying a relevant computer with a hammer and using both Evidence Eliminator and CCleaner to erase potentially relevant evidence. The court also recommended that Plaintiff pay Defendant’s reasonable attorney’s fees and costs incurred as a result of the spoliation. On appeal, the recommendations were adopted by the District Court.
United States ex rel. Baker v. Cmty. Health Sys., Inc., No. 05-279 WJ/ACT, 2012 WL 5387069 (D.N.M. Oct. 3, 2012) overruling objections to United States ex rel. Baker v. Cmty. Health Sys., Inc., No. 05-279 WJ/ACT (D.N.M. Aug. 31, 2012) In this case, the Magistrate Judge determined that sanctions were warranted for the Government’s untimely and… Continue Reading
E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc., No. 11-cv-02560-MSK-MEH, 2012 WL 5430974 (D. Colo. Nov. 7, 2012)
In this case involving allegations of sexual harassment, a hostile environment and retaliation, the court granted in part Defendant’s Motion to Compel and ordered broad discovery of class members’ social media, text messages and email.
Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Nov. 8, 2012) On November 8th, District Court Judge Andrew L. Carter, Jr. filed his long awaited decision in response to Plaintiffs’ Motion for Recusal or Disqualification of Magistrate Judge Andrew Peck. In his short and to the point opinion, Judge Carter… Continue Reading
Carrillo v. Schneider Logistics, Inc., No. CV 11-8557-CAS (DTBx), 2012 WL 4791614 (C.D. Cal. Oct. 5, 2012) In this case, the court concluded that Defendant failed to comply with its discovery obligations by 1) failing to conduct a reasonably diligent search, 2) improperly withholding responsive documents, and 3) failing to take adequate steps to ensure… Continue Reading
By: Katie Taylor, K&L Gates SaaS, PaaS and data hosting providers stress the significant efficiencies to be gained from cloud computing when marketing their services. Depending on the cloud computing system you are considering, however, a number of features may have a significant impact on your company’s ability to comply with electronic discovery obligations should it… Continue Reading