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e-Discovery Federal Rules of Civil Procedure Spoliation

EDRM - Electronic Discovery Reference Model

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

A motion for a forensic examination was granted in PlayUp, Inc. v. Mintas, 2025 WL 2017161 (D. Nev. Jul. 18, 2025). On movant’s third try, the court found that the opponent was trying to “gaslight” the court and it granted...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 2

Cimplifi on

Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...more

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

Minerva26 on

Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

Array

This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more

Array

This Week in eDiscovery: Case Studies on Reasonable Preservation and Hyperlinked Documents

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 16-22. Here’s what’s...more

Farrell Fritz, P.C.

Court Enforces Strict Sanctions For Failing To Be Competent In ESI Obligations

Farrell Fritz, P.C. on

Historically, the legal profession has been reluctant to embrace technology and electronic discovery in the practice of law. Indeed, practitioners often still exchange discovery in paper format or ignore, altogether, medium,...more

Troutman Pepper Locke

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper Locke on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

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