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Electronic discovery costs: loser pays (for what?)

USA - June 20 2011 To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment?...

Tess Blair, Jacquelyn A. Caridad, Scott A. Milner, Tara S. Lawler, Lorraine M. Casto.


Court compels production of personal emails from company systems citing lack of reasonable privacy expectation

USA - June 9 2011 On May 23, in SEC v. Reserve Management Co. Inc.,1 the U.S. District Court for the Southern District of New York ruled that an employee does not have a reasonable expectation of privacy with respect to communications with a spouse through an employer’s email system....

Tess Blair, Jacquelyn A. Caridad, Scott A. Milner, Tara S. Lawler, Lorraine M. Casto.


Chief judge imposes privilege waiver sanctions against defendant for repeated discovery misconduct in DL v. District of Columbia

USA - May 20 2011 Chief Judge Royce C Lamberth of the U.S. District Court for the District of Columbia sent a clear message to litigants last week: repeated discovery violations will not be tolerated and may subject the violator to harsh sanctions, including waiver of privilege....

Tess Blair, Jacquelyn A. Caridad, Scott A. Milner, Tara S. Lawler, Lorraine M. Casto.


Three strikes and you’re out: Tenth Circuit dismisses case as a sanction for discovery noncompliance in Lee v. Max International

USA - May 10 2011 Discovery, in this age of cheap data storage and voluminous communication, can be a daunting and expensive prospect....

Tess Blair, Jacquelyn A. Caridad, Scott A. Milner, Tara S. Lawler, Lorraine M. Casto.


Delaware Court of Chancery issues guidelines for preservation of electronically stored information

USA - February 14 2011 On January 18, the Delaware Court of Chancery joined a growing number of jurisdictions in issuing guidelines concerning discovery of electronically stored information (ESI)....

Tess Blair, Jacquelyn A. Caridad, Scott A. Milner, Tara S. Lawler, Lorraine M. Casto.