Clear-View Technologies, Inc. v John H. Rasnick, et al (2015 U.S. Dist. LEXIS 63579), reads as a list of the things you do not want to do if you want to avoid spoliation sanctions. The underlying dispute involved the development of an alcohol tracking product, and certain shareholders’ alleged conspiracy to steal the technology and start a new company.


Continue Reading Don’t Use “Crap Cleaner” When a Motion to Compel Is Pending, and Other Lessons Learned, to Ensure You Don’t Get Hit With a Spoliation Sanction

A recent decision from the United States District Court of the District of Connecticut demonstrates the need for proper custodian interview before responding to discovery requests. Electrified Discounters, Inc. v MI Technologies, Inc. (2015 U.S. Dist. LEXIS 64950) involved a dispute over sales of replacement lamps for rear projector televisions and front projectors, via online marketplaces like Amazon.com.

The plaintiff


Continue Reading You Really Should Check With Your Client Before Objecting to Discovery Requests

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 they may determine if a


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