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e-Discovery Docket Sheet
Court Grants Adverse Inference
Instruction For 'Thwarting' e-Mail Discovery
In a suit alleging a fraudulent sale of stock, the plaintiff filed a motion for an adverse inference instruction against the defendant for destroying e-mails and failing to comply with a court order to compel e-mail discovery. Despite an SEC regulation requiring e-mail retention for 2 years, the defendant continued its practice of overwriting e-mails every 12 months. Based on this, the court ordered the defendant to produce backup tapes, review e-mails, conduct searches, produce responsive e-mails and a privilege log, and certify compliance with the order. The defendant issued the compliance certification in spite of having more than 1400 backup tapes containing data not yet processed or produced. Throughout the discovery process, the defendant overwrote e-mails, failed to notify and process in a timely fashion hundreds of DLT and 8 mm tapes, and failed to produce e-mails and attachments. The court found the plaintiff did not receive relevant e-mail because of the defendant's discovery tactics and granted the motion for an adverse inference instruction noting, “[t]he conclusion is inescapable that [the defendant] sought to thwart discovery.” The court ordered the defendant to continue complying with the earlier discovery order and to pay costs associated with the plaintiff's motion. The court also noted the defendant “gave no thought to using an outside contractor to expedite the process of completing the discovery, though it had certified completion months earlier; it lacked the technological capacity to upload and search the data at that time, and would not attain that capacity for months.” Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., 2005 WL 679071 (Fla. Cir. Ct. Mar. 1, 2005). See also, Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., No. CA 03-5045 AI (Fla. Cir. Ct. Mar. 23, 2005).
Accusation of 'Inexcusable' Discovery
Conduct Results in Dismissal and Sanctions
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.