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Judgment Entered Against Attorney/Defendant for His Egregious Intentional Spoliation

One of the U.S. District Court judges  in New York City recently granted judgment to the plaintiff and against attorney/defendant for his egregious intentional spoliation of highly-relevant evidence.  Citing defendant's “planned, repeated, and comprehensive” destruction of “relevant emails and other electronic documents,” the judge termed the spoliation “willful and malicious” and found “clear and convincing evidence” of “serial spoliation” in “bad faith.”

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TAGS: E-Discovery Sanctions, Email Retention, Spoliation

WELCOME TO THE NEWLY RE-LAUNCHED KMK MONTHLY E-DISCOVERY ROUND-UP

Richard G. Braman

This month has seen some extraordinary developments.  Probably the most noteworthy of which is the passing of Richard Braman, Founder and Executive Director Emeritus of The Sedona Conference.  And, although I never met him personally, his vision, leadership and influence on the world of e-Discovery have blazed an e-Discovery trail and served as a beacon of light for many of us in this industry, and as such, I am forever grateful.  If you are unfamiliar with Mr. Braman, a beautiful tribute to his life and work can be found on The Sedona Conference website.

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Can a Simple Form Reduce Disputes Over ESI?

Can a simple form make ESI discovery easier for us and reduce our clients’ expenses, inconvenience, and distrust of opposing counsel? Having studied a  two-page Order developed by Magistrate Judge Thomas Shields of the U. S. District Court for the Southern District of Iowa, I would answer in the affirmative.

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BYOD [Bring Your Own Device] to Work Concerns

Introduction: Two Major Concerns

Being a seasoned litigation paralegal with approximately 27 years of experience, I foresee quite a few concerns with the concept of BYOD in the corporate and legal industry. As it seems to happen more times then I care to remember, technology is ahead of the curve and the solutions to “rein in” technology are lagging behind. Many of you may be too young to remember when the first sophisticated color copiers came out and there was a problem with checks being copied and pawned off as real. It only took the paper, ink and check manufacturing industries a few months to come up with the technology to work with the copier technology and develop the “copy” solution for checks. Once again there is a scramble to try to meet the solutions to the BYOD dilemma facing many industries today. 

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Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing

In her January 11, 2010 post about Cloud Computing, Chris Meer exposed three important considerations when evaluating whether or not to manage critical e-discovery data in the Cloud:  1) the level and quality of your Cloud service provider’s Internet security model; 2) the ability to access your e-discovery data and documents on a 24/7 basis if needed; and 3) the subsequent finely crafted contractual and working relationship with your Cloud service provider that is absolutely required in order to facilitate that access.

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Zubulake Revisited: Six Years Later

A recent case out of the Southern District of New York sheds additional light on the issue of defining negligence, gross negligence, and willfulness in the e-discovery context, and gives insight into what types of conduct fall in each of those categories. 

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Email Archiving Tips

It is a reality in today’s society that any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system must comply with the FRCP requirements.  The amendments which went into effect on December 1, 2006 mandate that companies be prepared for electronic discovery.  The organization must know where their data is, how to retrieve it, how to meet data requests, and they must determine what data will not be subject to search.

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