Highlights: Gibson Dunn 2011 Mid-Year E-Discovery Update

Gibson Dunn has released its 2011 Mid-Year E-Discovery Update and reports that cases involving e-discovery are on the rise. In fact, e-discovery decisions have gone up by a remarkable 82% percent since mid-year 2010. Because litigation is increasingly widespread, more parties are seeking sanctions against opposing counsel for e-discovery negligence than ever before, for example [...]

Wisconsin Court Denies Sanctions in Failure to Preserve Claim

On August 26, 2009, Mindy Olson brought a suit against Michael Sax and Goodwill Industries, claiming that Goodwill violated Title VII of the Civil Rights Act of 1964 “by discriminating against her based on gender and pregnancy when it terminated her employment.” Goodwill fired Olson on the grounds that she had submitted inaccurate credit slips. [...]

Florida Court Orders Party to Pay for Discovery Error

In this case, the District Court considered Lexington Insurance Company’s motion for sanctions and reviewed the magistrate judge’s previous recommendation of dismissal sanctions and reimbursement costs. Bray & Gillespie Management, LLC, after it was discovered that it failed to produce records, claimed it was unaware of an automatic function of the business’s computerized account management [...]

Are E-Discovery Services Taxable?

In this IP case, Return Path Inc., et al. filed a motion to tax the costs related to using CBT Flint Partners, LLC to assist with the production of 1.4 million electronic documents and 6 versions of source code. CBT Flint Partners, LLC argued that fees associated with the collection of documents for production are [...]

Computer Infections: The Cure Can Kill

I must admit, I like the title that the editors at the National Law Journal came up with for Fabio Celeita’s and my article: “Computer infections are bad enough, but the cure can kill” (premium subscription required). Our article provides a basic overview of the threats to electronically-stored information, let alone to a legal team’s [...]

Failure to Dedupe: Unethical?

Anne Kershaw and Joe Howie write on the Law Technology News website about the results of their survey among eDiscovery providers.  The gist of their article – and it’s a good one – is that failure to deduplicate e-mails across custodians may be at best sloppy, and at worst unethical:

We asked several judges to review [...]