Archive: May 7, 2010

1
Court Rules Failure to Copy Files on Flash Drive Prior to Failure of the Drive Violated Duty to Preserve
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Delaware County Establishes New Complex Commercial Litigation Division, Requires Early Consideration of Electronic Discovery

Court Rules Failure to Copy Files on Flash Drive Prior to Failure of the Drive Violated Duty to Preserve

Wilson v. Thorn Energy, LLC, 2010 WL 1712236 (S.D.N.Y. Mar. 15, 2010)

In this case, the court ordered sanctions for defendants’ failure to preserve relevant data where defendants failed to back up a flash drive containing all relevant financial records and where that data was lost as the result of the flash drive’s failure.

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Delaware County Establishes New Complex Commercial Litigation Division, Requires Early Consideration of Electronic Discovery

Effective May 1, 2010, New Castle County, Delaware, has created a new division known as the Complex Commercial Litigation Division.  Available for prescribed categories of cases, including cases with an amount in controversy of more than $1 million (excluding certain types of actions, including, e.g., claims for personal, mental or physical injury), the new division adheres to principles that shall govern the administration of each case.  These principles include assigning the case to the same Panel Judge for all purposes through final disposition and compliance with Panel-established “uniform procedures” such as mandatory disclosures similar to those under the federal rules and the consideration of electronic discovery early in the case, among others.

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