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Category Archive for: Sanctions

Does Parent Company Have Duty to Ensure Subsidiary Preserves Documents and ESI?

Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.

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Is That Discovery or ESI You Want Really Lost?

Under the FRCP, ESI and other discovery may not be considered "lost" if it can be restored or replaced through additional discovery.

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Is Using Box the Same as Leaving Documents on a Park Bench? (Nope).

Is uploading info into file sharing sites without password protection the same as leaving it on a park bench? One judge thought so but another disagreed.

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Does Employer Have a Duty to Preserve Employee’s Personal Cloud Storage

Depending on court, duty to preserve data in employee's personal cloud may arise if employer has "practical ability" access it or a "legal right" to info.

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A Discovery Dispute Makes the Big Time (SCOTUS!)

The United States Supreme Court weighs in on sanctions for discovery misconduct. But, does it mean anything for e-discovery enthusiasts?

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The Government is Knocking. Prepared to Let ’em In?

If your company is the subject of a government investigation, will it be ready? Some action items to consider before the government comes knocking.

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Are Monetary Spoliation Sanctions Available for Non-Monetary Claims?

Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?

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What You Need to Know About the FRCP E-Discovery Amendments

A summary of amendments to the Federal Rules of Civil Procedure recently approved by the U.S. Supreme Court and sent to Congress for final approval.

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When Must Litigant Provide Computer to Opponent for Examination?

Before compelling production of computer for forensic imaging, noncompliance with discovery must exist and protective protocol must be implemented.

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