The End of “Normal Course of Business”?

Craig Ball has an interesting take on Judge Shira Scheindlin’s opinion in S.E.C. v. Collins & Aikman Corp. Judge Scheindlin, of course, is the author of the landmark Zubulake v. UBS Warburg decisions, so her pronouncements on EDD carry a lot of weight.

Craig says that Judge Scheindlin’s opinion articulates a newer, stronger standard […]

Being Right and Still Losing

Leonard Deutchman is one of my favorite EDD columnists. In this article for the Pennsylvania Law Weekly, he observes how courts have made it clear that e-discovery misconduct can result in severe monetary sanctions, even when the offending party prevails on the merits. (In other words, no matter whether victory is assured or not, play […]

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