Court in New York denied motion to compel ESI from personal phones, ruling plaintiffs lacked evidence that board members used personal devices for business or that the town had control over such ESI.
Continue Reading Compelling Parties to Collect ESI from Personal Devices
It is not enough that we do our best; sometimes we must do what is required. This famous line attributed to Britain’s defining war time leader, Sir Winston Churchill, serves as a reminder to parties litigating through the English and Welsh courts that the use of technology is central to the discovery process – it
In Wilbert v. Pyramid Healthcare, Inc., d/b/a Silvermist Recovery Center, et al., the plaintiff filed suit alleging pregnancy-based discrimination and harassment, culminating in her termination. According to the court, the parties never agreed on how to handle the discovery of electronically stored information (ESI) in connection with the litigation.
Continue Reading Compliance with Meet and Confer Obligations Under the Federal Rules
Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him. After trial, the jury returned a verdict in the officers’ favor. Hoffer appealed the judgment, arguing the district court erred in denying his request
In Chepilko v. Henry, the Southern District of New York denied plaintiff’s motion for spoliation sanctions, finding that a public records request and a civilian complaint did not trigger defendants’ duty to preserve electronic evidence. In the ruling, Magistrate Judge Stewart D. Aaron analyzed when one’s obligation to preserve camera footage “in anticipation of
In We The Protesters, Inc., et al., v. Sinyangwe et. Al, the Southern District of New York was recently called upon to resolve a discovery dispute that, according to the Magistrate Judge, “underscore[d] the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery.” More specifically, the court
Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion.
District Judge Iain Johnston’s[1] decision in Groves, Inc. v R.C. Bremer
GT eDiscovery & eRetention Practice Shareholder Jacqueline Tambone deGrandpre and Of Counsel Kelly M. Pesce will participate in the “2024 Year in Review: eDiscovery and Artificial Intelligence” event hosted by the Boston Bar Association Dec. 11 from noon to 1 p.m.
Panelists will discuss recent developments in eDiscovery and artificial intelligence over the past
To discover, or to disclose? That is the question. While English playwright William Shakespeare would no doubt be turning in his grave at the loose use of one of his most famous lines, the question serves as a reminder that the discovery process in the United States and the disclosure procedure in England and Wales