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ESI Lost After Duty To Preserve Had Been Triggered Results In Limited Sanction Under New Rule 37(e)

A federal court in Utah recently applied the newly amended Rule 37(e) and, in doing so, issued relatively limited sanctions following a finding of spoliation.   In First American Title Insurance Company, et al v. Northwest Title Insurance Agency, et al, No. 2:15-cv-00229, 2016 U.S. Dist. LEXIS 118377 (D. Utah, Aug. 31, 2016), the plaintiff, First … Continue Reading

Federal Court In Washington Sanctions Attorney For Citing “Badly Out Of Date” Case Law

Defense counsel was sanctioned by a federal court in Washington for bringing a motion to compel in bad faith, with the court finding that defense counsel’s citation of case law analyzing a prior version of the Federal Rules of Civil Procedure was “inexcusable.” In Fulton v. Livingston Fin. LLC, (W.D. Wash.), Defendants cited case law … Continue Reading

Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees

This blog post is written by Douglas Johnston in our San Francisco office. A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer’s discovery obligations. At the same time, the Court ruled that an … Continue Reading
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