Fidelity Nat. Ins. Co. v. Captiva Lake Invs. Court Orders Adverse Inference Sanctions and Attorneys’ Fees for Failure to Implement Legal Hold; No Sanctions for Loss of Evidence Through Routine Operation of Computer System In this insurance case, the defendant, Captiva Lake Investments, LLC (Captiva) filed a motion for sanctions for spoliation of evidence and […]
Survey: Attorneys Don’t Know Enough E-Discovery In Law Technology News, Ed Silverstein reports on a recent survey of 22 jurists who when they responded none “completely agreed” with the statement “the typical attorneys appearing before them possess the subject matter knowledge required to effectively counsel clients on e-discovery matters.” The author noted that one of […]
IoT-Derived Information Is Available in Ediscovery In Texas Lawyer article, John Ansbach and Peter Vogel, highlight Gartner’s projection that IoT units will grow to 26 billion by 2020, and that additional estimates put the number of connected IoT devices between 50 and 100 billion by that year. The authors address the question of how all […]
Ablan v. Bank of Am. Corp., No Sanctions for Failure to Produce ESI Stored With Vendor In 2003, Plaintiffs entered into a Financial Representation Agreement (“FRA”) with Tax Strategies Group, LLC (“TSG”). On June 1, 2006, TSG filed a lawsuit in state court (“State Court Litigation”) against the Plaintiffs asserting breach of the Agreement. The […]