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No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law

eDiscovery Daily

In this employment discrimination case involving claims of sexual harassment, the plaintiff was injured in 2016 in a physical confrontation with her supervisor (who was also the alleged harasser) and the confrontation was recorded on one of defendant’s surveillance cameras. Case Background. I love you!

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Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law

eDiscovery Daily

25, 2018) , Indiana Magistrate Judge John E. In this case where the plaintiff sought rescission of a life insurance policy issued to one of the defendants based on her alleged misrepresentations during the application process. In Metlife Inv’rs. Lindsey, No. 2:16-CV-97 (N.D. Case Background.

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2018 eDiscovery Case Law Year in Review, Part 4

eDiscovery Daily

And we all thought that Rule 37(e) had the biggest impact from the 2015 Federal Rules changes when maybe it was actually Rule 26(b)(1)! And, we’re also seeing parties identifying privacy as a reason not to comply with discovery requests (including at least one case where even the courts couldn’t agree on the outcome). LLC, et al.

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2017 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

Sweet, among other rulings, issued an adverse inference sanction against one of the defendants for its failure to preserve text messages in the possession of a non-party, finding that defendant had control of the non-party’s text messages, given that he was contracted by the defendant and provided documents and gave a deposition during discovery.

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eDiscovery and the GDPR: Ready or Not, Here it Comes: eDiscovery Best Practices

eDiscovery Daily

He has also been a great addition to our webinar program, participating with me on several recent webinars, including our webinar last Friday on E-Discovery Day ( Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong ), which was great. Discuss steps to take to insure compliance with the GDPR.

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2019 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

Since the 2015 Federal Rules changes and changes to Rule 26(b)(1) regarding the scope of discovery, we’re seeing more disputes regarding proportionality vs. relevancy vs. privacy than ever. Discovery Can’t Be Stayed While Motion to Dismiss is Considered, Court Says : In Udeen v. PROPORTIONALITY vs. RELEVANCY vs. PRIVACY. Kiewit Corp.