12 | March | 2018 | Electronic Discovery Law

Mar 12 2018

Key Insight: ability to obtain documents, company control

Electronic Data Involved: general ledgers, banking documents, backup tapes

Keywords: sanctions, failure to produce, adverse inference, attorneys’ fees, willful violation, inherent powers, failure to preserve

Willis v. Cost Plus (W.D. La., 2018)

Mar 12 2018

Key Insight: admissibility of evidence of spoliation without a finding of an intent to deprive

Nature of Case: personal injury

Electronic Data Involved: video tape

Keywords: intentional spoliation, adverse inference or presumption, Louisiana, negligence, bad faith

View Case Opinion

Lokai Holdings LLC v. Twin Tiger USA LLC (Southern District of New York, 2018)

Mar 12 2018

Key Insight: Routine deletion of emails/lack of archival service leads to sanctions, but may not be considered intentionally depriving opposing counsel depending on the circumstances

Nature of Case: Trade-dress infringement

Electronic Data Involved: Emails

Keywords: sanctions, preclusion order, beads

View Case Opinion

Archive: March 12, 2018