The duty to preserve potentially relevant evidence – documentary or electronic – arises when a lawsuit is reasonably anticipated. Although this is a subjective standard, Parlux Fragrances, LLC et al v. S. Carter Enterprises, LLC et al. illustrates a
All About eDiscovery
Case Law & Best Practices
All About eDiscovery, published by Farrell Fritz, P.C., focuses on legal issues related to electronic discovery in litigation. The blog covers topics such as preservation and spoliation of electronically stored information (ESI), challenges with ephemeral messaging applications, court rulings on discovery misconduct, and sanctions for discovery abuses. It also addresses cybersecurity concerns relevant to discovery, including data breaches, ransomware attacks, and compliance with regulatory requirements. The blog discusses practical guidance for managing discovery obligations, authentication of electronic evidence, and the impact of technology on litigation processes. It serves as a resource for legal professionals navigating the complexities of eDiscovery and related procedural and substantive issues.
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If the Proportionality Doesn’t Fit, Courts May Cost-Shift
No Internal Investigation Is Complete Without ESI
Can the Content of My Privilege Log Jeopardize My Privilege Claim?
Self-Collecting ESI Can Be a Dangerous Game
Spoliation of Evidence: When a Litigation Hold is no Longer Privileged
In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so, issuing timely…
Federal Judge Finds it is Counsels’ Absence of Good Faith and Cooperation Causing an Increase in Duration and Expense of Litigation
Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process.
Aldinger, an employment discrimination case pending in the United States District Court for the Western District of New York, involved a…