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Corporate Counsel › Sanctions › Federal Rules of Civil Procedure

Skadden, Arps, Slate, Meagher & Flom LLP

9th Circuit Ruling Offers Guidance on Timing of Trade Secrets Disclosures in DTSA Cases

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On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

Venable LLP on

Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Epstein Becker & Green

Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits

Epstein Becker & Green on

The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The...more

Troutman Pepper Locke

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

Troutman Pepper Locke on

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

McGuireWoods LLP

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

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For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more

Burr & Forman

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

Burr & Forman on

Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068  (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more

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