Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Court Assesses $3 Million Punitive Sanction to Defendant for “Bad Faith” Deletion of Emails: eDiscovery Case Law

In GN Netcom, Inc. v. Plantronics, Inc., Delaware District Judge Leonard P. Stark, finding a high degree of fault, bad-faith intent to deprive the plaintiff of responsive documents and prejudice caused to the plaintiff’s case, imposed several sanctions against the defendant, including “punitive sanctions in the amount of $3,000,000” for the “intentional and admitted deletion of emails” by the defendant’s Senior Vice President of Sales.

read more

We Are Family, I Got All My Attachments and Me: eDiscovery Best Practices

OK, I know that’s not how the classic Sister Sledge song goes, but I’m such an eDiscovery geek that every time I think of that song these days, I think of keeping email and attachment families together. One of the most common mistakes that I see clients make is that they forget to account for complete “families” in their email productions, which leads to an incomplete production to opposing counsel.

read more

Even in Baseball, Hacking Can Get You Prison Time: eDiscovery Trends

Last June, we covered this story about the St. Louis Cardinals, one of the most successful teams in baseball over the past two decades, as under investigation by the F.B.I. and Justice Department prosecutors, accused of hacking into an internal network of my hometown team, the Houston Astros, to steal internal discussions about trades, proprietary statistics and scouting reports, among other competitive information. As a result of the investigation, the former scouting director of the Cardinals, Christopher Correa, was sentenced to nearly four years in prison Monday for hacking the Astros’ player-personnel database and email system.

read more