Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court in 2004, their presence has risen exponentially. In fact, just last month, Eric Goldman of the Santa Clara Law School reported in the
Continue Reading Cases Involving Emoticons As Evidence Are On the Rise
Still Need to Demonstrate Spoliated Materials Were Relevant
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
Plaintiffs’ Failure to Preserve Leads to Two Adverse Inferences
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