Top 10 Electronic Decisions in 2010
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Listen to Karl Schieneman, Director of Analytics and Review with JurInnov, talk with noted electronic discovery expert and former Magistrate Judge from New Jersey, Ron Hedges in what has become an annual E-Discovery recap show. Listen to Ron discuss his top 10 list of the most influential electronic discovery related cases from 2010 with a few key events thrown in as well. This is always an informative show for anyone trying to keep up with developing case law.
Recorded 01/20/2011
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- Phase Two of Seventh Circuit Electronic Discovery Pilot Program Extended to May 2012
- Court Declines to Hold that Lack of Written Litigation Hold Allows Presumption that Relevant Evidence was Lost or Destroyed
- Court Declines to Compel Government to Contribute to Creation of Database to Ease Defendant's Discovery Burden, Recommends Application for Assistance Pursuant to Criminal Justice Act
- Court Rejects "Shifting Duty" Theory of Preservation, Denies Sanctions Absent Showing that Crucial Evidence was Destroyed in Bad Faith
- The Sedona Conference® Publishes "Database Principles"
- Defendant's Failure to Preserve Results in Sanctions, Including Order for Defense Counsel to Search All of Defendant's Electronic Media and Hard Copy Files for Responsive Information
- Court Orders Monetary Sanction of $250,000, that Defendant Provide the Court's Order to Plaintiffs in All Cases, and that Defendant File the Order in Every Case for 5 Years
- Agent's Spoliation Results in Serious Sanctions
- "Bad Faith or Culpability 'May Not Mean Evil Intent, but May Simply Signify Responsibility and Control.'"
- No Sanctions for Destruction of Data Resulting from Mistaken Belief that Computers had been Imaged