Facts

In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant

In litigation, allowing a client to handle the process of collecting its electronic discovery without adequate attorney oversight of quality control validation can lead to serious trouble for all concerned. Courts throughout the country have repeatedly held that attorneys have professional and ethical duties to ensure the adequacy of their clients’ actions in identifying, preserving

The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate discovery misconduct when a party fails to preserve potentially relevant information and that failure is shown to have been an intentional act to deprive the

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

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 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