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Kathryn C. Cole represents large and small businesses, financial institutions, and individuals in virtually all aspects of federal and state court commercial litigation, arbitration and mediation, and before federal agencies and regulatory bodies. In addition to advising on electronic data and cyber-related issues, Katy has considerable experience in all areas of complex litigation including contract claims, product liability claims, tort claims, consumer class-action claims and securities class-action claims.

In an earlier post, we discussed how District Court Judge Iain Johnston noted that “at times, ESI discovery can be complex,” but the “same basic discovery principles that worked for the Flintstones still work for the Jetsons.” Indeed, ESI discovery, just like its paper predecessor, involves five fundamental steps: (1) identification, (2) preservation, (3)

For anyone with a few hours to spare, I highly recommend reading the various decisions authored by District Court Judge Iain Johnston of the Northern District of Illinois relating to discovery failures in the DR Distributors case.  DR Distributors, LLC v. Century 21 Smoking, Inc., 513 F. Supp.3d 839 (ND Ill., 2021).  Indeed, the case

As the below DOMO infographic suggests, people are reliant upon the worldwide web at activity levels that are difficult to comprehend. Consider, for example, that people send 16 million text messages every minute! Or that 2.4 million snaps are sent every 60 seconds! Or, that the internet reaches approximately 5 billion people (i.e., 63%

A case out of the District of Minnesota recently addressed whether a party can be compelled to produce text messages from an employee’s personal mobile device when that party has a bring your own device (BYOD) policy in place. See In re Pork Antitrust Litig., 2022 WL 972401 (D. Minn. 2022).

Background

This class

In Abbott Laboratories, et al., v Adelphia Supply USA (EDNY May 2, 2019), Plaintiffs filed a motion for case-ending sanctions against defendants H&H Wholesale Services, Inc., Howard Goldman, and Lori Goldman (for purposes of this blog, “Defendants”). The parties submitted briefing and Magistrate Judge Bloom held oral argument. On May 2, 2019, Judge Bloom

Our next few blog posts will discuss cases addressing the imposition of sanctions. Our first case – Klipsch Group Inc. v ePRO E-Commerce (2d Cir. Jan. 25, 2018) – decided by the Second Circuit, remains good law and is important insofar as the circuit court ruled that eDiscovery sanctions are not limited by the amount

In In re Actos Antitrust Litigation, No. 1:13-cv-09244 (RA) (SDA), — F.R.D. —-, 2022 WL 949798 (S.D.N.Y. March 30, 2022), Defendant produced responsive emails using “threading,” to reduce volume. Plaintiff, however, had never agreed to the use of threading, and the parties’ electronically stored information (ESI) protocol was silent about utilizing threading. And so,

In one of the more dramatic courtroom scenes read about, other than those that play out in novels, Alex Jones[1] was confronted on the stand with a cache of his own texts and emails. But where did these messages come from when Jones repeatedly claimed during discovery that he searched for “Sandy Hook” in