Featured Evan Knott admitted to American College of Coverage Counsel Knott handles complex insurance recovery and other commercial litigation matters in state and federal courts around the U.S.
Featured Reed Smith named a 2025 ACC Value Champion Firm and client Brookfield Property Development honored for an innovative solution streamlining BPD’s due diligence screening process
11/20/2024 3:10:02 PM But I Didn't Mean To! Court Sanctions for Failure to Preserve ESI Even Absent Intent to Deprive Other Parties By Frank Arcuri When siblings are goofing off and one of them throws something and breaks a window, mom or dad will come in from another room and, after...
7/30/2024 4:01:36 PM Landmark Zubulake E-Discovery Precedents Revisited Twenty Years Later By Sharon Ann Doherty July 2024 marks the 20th anniversary of the final Zubulake v. UBS Warburg opinion out of the Southern District of New York. The Zubulake...
6/20/2024 1:29:03 PM Employment Discrimination Action Dismissed Due to Intentional Deletion of Text Messages By Sharon Ann Doherty In Jones v. Riot Hospitality Group LLC, 95 F. 4th 730 (9th Cir. 2024), Alyssa Jones, a former waitress at a Scottsdale bar, sued her...
4/22/2024 5:24:49 PM Sanctions Motion Goes Up in Smoke: No Duty to Preserve Found in Hemp Case By Brandon Mickey Barak v. Rooster's Guide & Outfitting Adventures, No. 19-cv-03556-RM-STV (D. Colo. May 01, 2023) arose from a joint venture to cultivate...
4/8/2024 4:36:03 PM Discovery on Discovery Permitted to Determine Duty to Preserve Timeline By Brittney Pepper Can parties request discovery to seek out further discovery? Courts have found that it is allowable, but in limited circumstances. For...
2/7/2024 3:27:13 PM Now You See It, Now You Need to Preserve It! By Kiriaki Tourikis On January 26, 2024, the Federal Trade Commission and Department of Justice (DOJ) announced, in a joint press release, updated language...
3/8/2023 5:55:41 PM Compounded E-Discovery Mistakes Result in Seven Figure Sanctions By Eric Chir The e-discovery community has been monitoring DR Distribs., LLC v. 21 Century Smoking, Inc., (N.D. Ill. Oct. 6, 2022) with interest,...
2/24/2023 4:37:30 PM Bald Allegations of Prejudice Insufficient to Warrant Sanctions in Hair Products Case By David Cohen In EBIN N.Y., Inc. v. SIC Enter., Inc., No. 19-CV-1017 (PKC) (TAM) (E.D.N.Y. Sept. 23, 2022), the plaintiff alleged that the defendant...
11/22/2022 4:31:48 PM Spoliation Sanctions Highlight the Importance of Automated Deletion Awareness By David Cohen In Meta Platforms, Inc. v. Brandtotal Ltd., No. 20-cv-07182-JCS (N.D. Cal. May 27, 2022), a Magistrate Judge granted the plaintiff’s...
10/31/2022 6:28:58 PM Deliberate Data Deletion Leads to Default Judgment By David Cohen In Atalian US New England, LLC v. Navarro, No. C.A. No. 20-00133-JJM (D.R.I. July 12, 2022), a Magistrate Judge recommended default...
7/7/2022 1:28:23 PM Failure to Preserve Evidence Leads to Remedial Evidentiary Ruling By David Cohen Preserving data that is relevant and proportional in litigation is imperative to reduce the risk of spoliation sanctions. In Europe v....
6/1/2022 3:39:37 PM Rule 37(e) in Action: Reducing Sanctions Risks for Unintentional Loss of ESI By David Cohen Prior to the 2015 amendment to the Federal Rules of Civil Procedure, parties in litigation sometimes faced exposure to sanctions for loss...
2/4/2022 2:41:04 PM Legal Holds Revisited By David Cohen Most companies now have adopted some form of “best practices” to properly handle legal holds. Have you refreshed your legal hold policies...
2/2/2022 7:29:40 PM Another Case of a Plaintiff Fabricating Evidence? By David Cohen Unfortunately, we periodically see cases of litigation parties fabricating evidence. Fortunately, forensic analysis can frequently unmask...