July 29, 2019

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

If a subsidiary business is embroiled in a legal dispute, must the parent company see to it that the subsidiary preserves materials relevant to the dispute? […]
May 9, 2019
Image of Lost ESI e-discovery

Is That Discovery or ESI You Want Really Lost?

Before you get all fired up and shoot off an email to opposing counsel with the obligatory threat of sanctions because his/her client did not preserve […]
October 31, 2017

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

If you upload files without password protection to a file sharing site (such as Box.com or Dropbox), is it the same as leaving documents on a […]
June 13, 2017

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

  Does an employer have a duty to preserve evidence relating to a lawsuit saved in an employee’s personal cloud storage account? It depends on the court […]
April 25, 2017

A Discovery Dispute Makes the Big Time (SCOTUS!)

Likely to the delight of many a district court judge, a discovery dispute made its way into the rarefied air of the United States Supreme Court. […]
April 25, 2016
Image of Department of Justice

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

    It is no secret that the Securities and Exchange Commission and Department of Justice stepped up investigation and prosecution of corporate wrongdoing. In fact the Yates […]
June 5, 2015

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

As referenced in prior posts, amendments to the Federal Rules of Civil Procedure addressing e-discovery and electronically stored information (ESI) are closer to adoption. On April 29, […]
May 5, 2014

When Must Litigant Provide Computer to Opponent for Examination?

An Ohio appellate decision, Fastners For Retail, Inc. v. DeJohn, examines factors courts consider before compelling production of a litigant’s computer for forensic imaging and search.  […]