The Long Arm of E-Discovery Stretches Overseas

PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

You Need a Duty to Preserve Before Issuing Sanctions - Bow Tie Law Blog

In a case where the Court called the Defendants’ disclosures troubling, the Plaintiffs sought sanctions for the failure to back-up hard drives or issue a litigation hold.

There was one big problem with the Plaintiffs’ argument: they did not prove that the Defendant had a duty to preserve the email when it was destroyed. Magnuson v. Newman, 2013 U.S. Dist. LEXIS 138595, at *44 (S.D.N.Y. Sept. 25, 2013).

The Court stated the earliest the Defendants could have been on notice of the duty to preserve was on August 18, 2010, when they were served the original complain. Magnuson, at *45. Additionally, the Defendants had a three-month email retention policy. Id. 

http://bowtielaw.wordpress.com/2013/11/08/lit-hold/

400th Bow Tie Law Post - from BOW TIE LAW BLOG

I want to thank all of my readers who have enjoyed my blog over the years. I hope you enjoy my 400th post on eDiscovery.

I have seen amazing things in my 12 years as an attorney. I have traveled across all of North America; I have met amazing lawyers; and I have talked with judges committed to upholding justice.

Of Diapers & Litigation Hold Sanctions - Bow Tie Law Blog - Duty to Preserve, e-Discovery, Litigation Hold

Diapers. Perhaps the most effective tool for encouraging family planning. Now a messy diaper shipment case delivers a message on the importance of issuing a litigation hold.

http://bowtielaw.wordpress.com/2013/10/27/of-diapers-litigation-hold-sanctions/