Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse...more
In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more
The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence. Both Phelps...more
The Appellate Division, First Department of the New York State Supreme Court recently held that a personal injury plaintiff cannot be sanctioned for spoliation of evidence for undergoing surgical repair of an allegedly...more
Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more
Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more
Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more
PATENT CASE OF THE WEEK - Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018) In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the...more
Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the...more
In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim...more
On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more
The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more
An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more