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Spoliation and Sanctions

02/19/2014
Articles
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Spoliation of evidence has been defined by the courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” The concept behind this word defies one of the basic tenants in our legal system – […]

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Three Card Monte and E-Discovery: Ask the custodians

09/7/2017
Blog
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“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.” In effect that is the response form a party being questioned about the extent and sufficiency of their discovery collection efforts. Is […]

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E-Discovery Production — Snow storms are avoidable

06/23/2017
Blog
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Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are imprecise and can be over reaching. Producers are often inflexible and unreasonable. What […]

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E-Discovery — Setting standards, not cover

12/8/2016
Blog
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The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do. The Sedona Conference regularly drafts and disseminates commentary articles on various areas of the law and the practice of litigation. I […]

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E-Discovery — Are custodial collections none of your business?

05/20/2016
Blog
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The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most efficient and cost effective method for collection. The requesting party has as complicated job. For discovery requests to […]

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