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Sanctions e-Discovery

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

Zelle  LLP

Florida’s Rules of Civil Procedure Have Some Changes

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Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1,...more

Array

This Week in eDiscovery: Sanctions for Loss of ESI | Guidance on Databases in Civil Discovery

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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 July 6-12. Here’s what’s...more

Brownstein Hyatt Farber Schreck

What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more

EDRM - Electronic Discovery Reference Model

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

Fed.R.Civ.P. 26(g) is called the “stop and think” rule.  In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule....more

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Cadwalader, Wickersham & Taft LLP

Watch Out for Auto-Delete: Delaware Court of Chancery Sanctions Former Meta Officer for Deleting Personal Emails

In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more

Nextpoint, Inc.

Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down the case Clayton Int’l, Inc. v. Neb. Armes Aviation, LLC, where the court ruled on sanctions for hard drive...more

Cimplifi

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

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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.

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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

Minerva26

eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions

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Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

Minerva26 on

If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

Cimplifi on

One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

Pagefreezer

eDiscovery Costs: Social Media Evidence & The $90,000 Lesson

Pagefreezer on

These days, ignoring social media evidence in investigations and litigation is akin to leaving a crucial witness unquestioned. But as the case of Federico v. Lincoln Military Housing demonstrates, navigating this terrain can...more

Array

This Week in eDiscovery: Trends in eDiscovery Case Law | Future Predictions

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 February 9-15. Here’s what’s...more

Minerva26

2024 eDiscovery Case Law Trends: Sanctions, Strategy, and the Shifting Legal Landscape

Minerva26 on

The legal landscape of ediscovery continues to evolve at a breakneck pace, driven by new technology, evolving communication platforms, and increasingly sophisticated judicial expectations. The 2024 case law on discovery has...more

Array

This Week in eDiscovery: eDiscovery Day Special Edition | Discovery Challenges of AI Datasets; Deleted ESI Sanctions

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 November 24-30. 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

Association of Certified E-Discovery...

Tips for Paralegals and Litigation Support Professionals – August 2024

8/2/2024 – EU 2024/1689 – Europe Tries to Reign in AI - This week the EU regulation 2024/1689, “laying down harmonised rules on artificial intelligence” became effective. The European Artificial Intelligence Act will regulate...more

Pagefreezer

Spoliation, Sanctions, and Staying Social Media Savvy

Pagefreezer on

Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more

Array

This Week in eDiscovery: Preserving Native Document Formats, Sanctions for Failing to Preserve Texts, and More

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 week of June 17-23. Here’s what’s...more

Array

This Week in eDiscovery: Spoliated Video Footage Leads to Jury Instruction Sanction and More Thoughts on Linked Attachments

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 week of April 8-14. Here’s what’s...more

HaystackID

U.S. Unveils Historic Sanctions Against Intellexa Spyware for Endangering Privacy and National Security

HaystackID on

Editor's Note: In a historic and bold move, the U.S. government has implemented unprecedented sanctions against the Intellexa Consortium and its key figures for their roles in deploying spyware that jeopardizes privacy and...more

Vinson & Elkins LLP

The Future of Generative AI Discovery Tools

Vinson & Elkins LLP on

The legal world recently learned an important lesson about the blind adoption of generative AI when two New York attorneys were sanctioned for using ChatGPT to write a brief that included entirely fabricated cases. The firm...more

Hanzo

Understanding California Senate Bill 235: A New Chapter in Civil Discovery

Hanzo on

When it comes to the legal landscape, every new law or amendment can have a significant impact on the processes and outcomes for litigants. A recent change in California, Senate Bill 235 (CA SB235), signed into law by Gavin...more

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