In the latest of a string of decisions relating to ediscovery spoliation, the First Department, on Jun 11, 2015, reconfirmed a basic principal of a spoliation motion: the party seeking sanctions must demonstrate that the spoliated materials were relevant to their case. This requirement must be satisfied even if the spoliation was caused by gross negligence.
Continue Reading Still Need to Demonstrate Spoliated Materials Were Relevant
AJ Holdings Grp. LLC v. IP Holdings, LLC, No. 600530/2009 (N.Y. Sup. Ct. Sept. 19, 2014) reversed by AJ Holdings Group LLC v IP Holdings LLC et al., (2015 NY Slip Op 04943 [1st Dept 2015]).
In this breach of licensing agreement dispute, the Defendants sought spoliation sanctions against the Plaintiff. The sought-after sanctions included striking the complaint,
Continue Reading Plaintiffs’ Failure to Preserve Leads to Two Adverse Inferences
A little more than three years ago, federal Magistrate Judge Andrew J. Peck (SDNY), issued a seminal decision in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (February 24, 2012). Indeed, in that ruling, Judge Peck sent a message that predictive coding and computer assisted review is an appropriate tool that should be “seriously
Continue Reading Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved
In Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014), discovery in the breach of contract case was contentious, protracted and resulted in a multiple motions to compel, the first of which the court granted in favor of the defendant. At that time, the court warned the plaintiff “not to engage in piecemeal production
In today’s litigious world, discovery is costly and can be perilous. Exacerbating this landscape is the fact that sanctions are imposed for discovery violations more than any other litigation error. Not surprisingly, avoidable discovery mistakes lead to client dissatisfaction. Below are ten critical tips to avoid discovery sanctions and to remain compliant with discovery obligations.
Continue Reading E-Discovery Best Practices to Avoid Discovery Sanctions