Legal Holds

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  • So You Want to Destroy Documents? Then Be Prepared to Be Sanctioned!

    eLessons Learned
    dsodroski
    22 Sep 2014 | 6:00 am
    This case involves a lawsuit for patent infringement concerning memory chip technology. In 2006, the court found that SK Hynix Inc. had infringed on Rambus, Inc.’s patent. The issue presented in 2013 was in regards to the destruction of documents. The court found that Rambus had spoilated documents in bad faith that ultimately prejudiced SK [...]
  • EDRM Revises Membership Fees

    EDRM
    George Socha
    10 Sep 2014 | 12:02 pm
    Corporations, government and academic institutions may now join EDRM free of charge SAINT PAUL, Minn. – September 10, 2014 – EDRM, the leading standards organization for the electronic discovery market, today announced a revised membership fee structure. Effective immediately, consumer organizations – corporations, governmental entities and academic institutions – may join EDRM and enjoy full membership benefits free of charge. The structure for providers and law firms remains unchanged. The revised fee structure serves to encourage greater participation among consumer organizations,…
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    eLessons Learned

  • So You Want to Destroy Documents? Then Be Prepared to Be Sanctioned!

    dsodroski
    22 Sep 2014 | 6:00 am
    This case involves a lawsuit for patent infringement concerning memory chip technology. In 2006, the court found that SK Hynix Inc. had infringed on Rambus, Inc.’s patent. The issue presented in 2013 was in regards to the destruction of documents. The court found that Rambus had spoilated documents in bad faith that ultimately prejudiced SK [...]
  • Is Negligent Spoliation of Evidence Sufficient to Warrant Permissive Adverse Jury Instruction?

    dsodroski
    19 Sep 2014 | 6:00 am
    An employer doesn’t need an attorney to tell him or her that destroying evidence relevant to litigation may make the court very unhappy.  Often times, when a party acts in bad faith by intentionally destroying evidence, the court will impose a sanction such as an “adverse inference” jury instruction.  This type of instruction orders the [...]
  • Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery

    dsodroski
    17 Sep 2014 | 6:00 am
    The plaintiff, Country Vintner, had an agreement with a winery (Esmeralda, who was not named a party to the action) to be the exclusive wholesaler of Alamos, which is an Argentinean wine, in North Carolina. A few years later, the defendant, Gallo, started supplying the wine to a variety of other wholesalers, but not to [...]
  • Judge Not Lest Ye Be Judged

    dsodroski
    15 Sep 2014 | 6:00 am
    Defendant Youkers was sentenced to an eight-year prison term. Youkers thereafter filed a motion for a new trial alleging that the judge who sentenced him engaged in improper communications and was not impartial. In particular, the father of Youkers’s girlfriend was one of the judge’s Facebook friends. The father also sent a message to the [...]
  • Large Volumes of ESI Irrelevant in Determining Accessibility

    dsodroski
    12 Sep 2014 | 6:00 am
    In W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, the receiver of Westernbank, FDIC-R brought action under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) against the banks’ directors and officers (D & O’s) for gross negligence, breach of fiduciary duties, fraudulent conveyances, and adverse domination. Prior to discovery, FDIC-R proposed [...]
 
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    EDRM

  • EDRM Revises Membership Fees

    George Socha
    10 Sep 2014 | 12:02 pm
    Corporations, government and academic institutions may now join EDRM free of charge SAINT PAUL, Minn. – September 10, 2014 – EDRM, the leading standards organization for the electronic discovery market, today announced a revised membership fee structure. Effective immediately, consumer organizations – corporations, governmental entities and academic institutions – may join EDRM and enjoy full membership benefits free of charge. The structure for providers and law firms remains unchanged. The revised fee structure serves to encourage greater participation among consumer organizations,…
  • EDRM Webinar, “Dropping the ‘Hammer’ on Security Threats,” Sponsored by AccessData

    George Socha
    4 Sep 2014 | 7:26 am
    Join us on September 10, from 1:00 to 2:00 pm Central when we present the free EDRM webinar, “Dropping the ‘Hammer’ on Security Threats with Rapid Detection and Resolution” – sponsored by AccessData. Join AccessData for an in-depth discussion on how today’s information security requirements are being redefined. As cyber threats and breaches become more sophisticated organizations are struggling to just stay in-the-fight. Hackers are becoming more sophisticated, stealthy and focused in their pursuit of financial gain. With this new modus operandi many modern threats…
  • EDRM Update – August 2014

    George Socha
    2 Sep 2014 | 11:20 am
    Welcome to the August 2014 issue of EDRM Update! This month marks a sad time for the EDRM community as we grieve the loss of our dear friend, Browning Marean, who passed away on August 23. Browning was an enthusiastic champion of legal technology, an ardent educator, and a relentless pursuer of the best of e-discovery. Speaking at conferences around the globe, he surely touched ground in more countries than anyone else in the e-discovery world. Browning’s passion for the betterment of the industry was beyond compare, but it was no match for the passion and love he had for his family and…
  • EDRM Update – July 2014

    George Socha
    31 Jul 2014 | 2:04 pm
    Welcome to the July 2014 issue of EDRM Update! Issue 11 – July 2014 Greetings! Welcome to the July issue of EDRM Update! It’s been another busy month for EDRM members who are working on several exciting initiatives. On the heels of publishing EDRM’s most popular whitepaper ever, the IGRM team has already started another – this one focused on information governance stakeholders. The Metrics team is preparing a survey on how internal processes are measured to help organizations determine their level of maturity, and the Native File group is working on a schema for standardizing the…
  • EDRM Update – June 2014

    George Socha
    30 Jun 2014 | 10:43 am
    Welcome to the June 2014 issue of EDRM Update! Issue 10 – June 2014 Greetings! We hope your summer is off to a great start. EDRM members were busy this month, and among their achievements was the completion of the new EDRM Search Intent Framework. Recognizing that the term “search” has varying degrees of legal impact depending on how it’s used, the new framework was developed to define and document various types of search intent that are part of the EDRM. The new framework is available for download via the EDRM website. Read the full announcement here. Reminder: Last…
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