Limiting eDiscovery in advance in material contracts *

USA - July 12 2012
The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation.

Co-authors: Laurence V. Parker, Jr..

Court allows discovery directly to third-party it outsourcer because of party’s inadequate information governance practices; awards adverse inference and costs & fees for spoliation *

USA - May 29 2012
In Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2012 U.S. Dist. LEXIS 69577 (D. Neb. May 18, 2012) (Kiewit II), one of the first cases of its kind, the Court allowed the Plaintiff to subpoena the Defendants’ third-party provider of IT outsourcing services because of the “uncertain (and perhaps non-existent) parameters of Defendants’ document retention policy or practice and the degree to which it is actually followed.”

Co-authors: Brian C. Vick, Neil Magnuson, Bennett B. Borden, Monica McCarroll.