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Willful Destruction of Electronic Evidence Can Lead to Jail Time

In Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010), Magistrate Judge Paul Grimm sanctioned Defendants CPI and Mark Pappas, its president – and threatened...

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District Judge Overturns Part of Victor Stanley II Ordering Immediate Jail...

As previously reported, in Magistrate Judge Grimm’s September 9, 2010, decision and order, often referred to as Victor Stanley II, defendant Creative Pipe, Inc. and its principal, defendant Mark T....

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Time For a Bright-Line Preservation Rule?

As was recently reported in the New York Law Journal, one of the issues for discussion at the recent annual meeting of the New York State Bar Association this January was the need for more uniformity,...

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The Rising Tide of Sanctions for E-Discovery Failures

To echo a popular tag line frequently heard on Top 40 radio stations, when it comes to court-imposed sanctions for e-discovery failures, “the hits just keep on comin’!” According to a recent study...

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Broken Record? Maybe, But Even Government Entities Cannot Escape the Failure...

Obtaining electronic discovery from a city or municipality in civil litigation can be a slow process. But, in DMAC LLC and Fourmen Construction, Inc. v. City of Peekskill, plaintiffs’ task was made...

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Coming to a Close: Reflections on the Proposed Amendments to F.R.C.P. 37...

The proposed amendments to F.R.C.P. 37(e) would establish a single standard by which courts will assess culpability and issue sanctions for failure to preserve electronically stored information...

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Rule Amendments Update: Advisory Committee Approves Proposed Changes, But Not...

Like many, we’ve been following closely the process to amend the Federal Rules of Civil Procedure. (See our previous blog posts from May 6, 2013 and February 10, 2014.) Last month, the Advisory...

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Rule Amendments Update: Standing Committee Approves Proposed Changes

On May 29-30, 2014, the Judicial Conference’s Standing Committee on Rules of Practice and Procedure (the “Standing Committee”) met and approved the proposed amendments to the Federal Rules of Civil...

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Rule Amendments Update: Judicial Conference Approves Proposed Changes

On September 16, 2014, the Judicial Conference approved, without changes, the proposed amendments to the Federal Rules of Civil Procedure. (For background information on the proposed amendments and the...

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Rule Amendments Update: U.S. Supreme Court Adopts Proposed Amendments

On April 29, 2015, the United States Supreme Court adopted, without changes, the proposed amendments to the Federal Rules of Civil Procedure. (For background information on the proposed amendments, see...

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Signs of Life? – Judge Francis Opines that “Inherent Authority” to Sanction...

In perhaps the first published decision since the amended Federal Rules took effect on December 6, 2015, United States Magistrate Judge James C. Francis IV, a preeminent judicial e-discovery authority,...

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