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Costs of Imaging Hard Drive Can Be Recovered As Taxable Cost in Federal Court

Posted on April 8, 2015
Posted in Best Practices, Case Law

Lawyers are constantly asked by clients if there is any way to recover attorneys’ fees and costs from the opposing party.  The typical response is that such fees and costs are only recoverable by the successful party by contract, or under a specific statute.  This response often sends lawyers to the “rule books” so that…

Never Agree to Do Something Your Client Cannot Do

Posted on March 25, 2015
Posted in Best Practices, Case Summary, Preliminary Conference

Under the New York State Supreme Court Commercial Division Rules counsel are expected to agree at the Preliminary Conference as to the method and manner of their e-discovery (“ESI”) production.  Counsel will sometimes readily agree to produce emails in their native format, with attendant metadata, without knowing whether or not their clients are able comply…

Better Not Toss A “Crashed” Computer

Posted on February 25, 2015
Posted in Best Practices, Case Summary

Judge Kimba M. Wood found for the first time in the Second Circuit in Dorchester Financial Holdings Corp. v Banco BRJ, S.A. that a party must not destroy a “crashed” computer, or it will be subject to a punitive adverse   inference.  One of the issues in the case was the propriety of certain documents which…

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  • Is Your Zoom-Bombed Meeting Discoverable?
  • The Costs of E-Discovery and What May be Recoverable Under 28 U.S.C. § 1920
  • TAR 1.0 vs TAR 2.0: Is the Newer Version the Better Version?
  • “You Can’t Heal What You Never Reveal”: Plaintiffs Are Entitled to Sanctions and Adverse Inference at Trial Because Jay-Z and S. Carter Enterprises Destroyed Emails After Litigation Was “Reasonably Anticipated.”
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