Archive: August 28, 2017

Ronnie Van Zant v. Artimus Pyle (S.D.N.Y., 2017)

Key Insight: 400 non-responsive documents were inadvertently produced, but since it was within the agreed-upon timeframe for clawbacks and the judge ruled that since the docs had been gathered by the lawyer in anticipation of legislation, they were work-product and thus protected. Further, some privileged documents in another section of the case were exposed and thus waived.

Electronic Data Involved: unspecified documents

Keywords: Clawback, inadvertent disclosure, inadvertent production,

Ronnie Van Zant v. Artimus Pyle (S.D.N.Y., 2017)

Key Insight: failure to have a third party preserve relevant data

Nature of Case: request for a permanent injunction to block film distribution

Electronic Data Involved: text messages

Keywords: third party, spoliation, control, adverse inference, sanctions, practical ability, intent to deprive, subpoena

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