Category Archives: E-Discovery

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Are Employers Still in Denial About E-discovery Readiness? Survey Says ….

I recently gave a presentation about controlling e-discovery costs in employment litigation. The topic is especially relevant to employers because e-discovery costs and risks are often inherently one-sided. And there is nothing more frustrating for a company to settle a claim with little to no merit, simply because the cost of litigation – magnified by … Continue Reading

If an Employment Discrimination Claim Crashes & Burns Are You Going to be Burned in the Fire? Best Practices for Electronic Discovery Preservation.

Attorney Robert D. Brown, Jr. of the Gibbons law firm has a great write-up about a recent dismissal of an employee’s discrimination claim. The dismissal was granted after the plaintiff destroyed certain computer related evidence. See How a Case Can Crash and Burn: Why a Litigant Should Not Set Afire a Computer After It Crashes … Continue Reading

Asking Departing Employees to Sign a “Legal Hold Waiver” is the Wrong Tool for Meeting E-Discovery Preservation Obligations

Craig Ball, a top-shelf e-discovery thought leader, recently wrote a blog post asking “Should a Legal Hold ‘Waiver’ Be Secured from Departing Employees?” As explained below, the answer is no.  But first for background purposes, a party – an individual or business entity – has an obligation to preserve information, in any format, e.g., documents, … Continue Reading

Proper E-Discovery Preservation Critical for Avoiding the Cuckoo’s Nest

Ken Kesey, an American author best known for his novel One Flew Over the Cuckoo’s Nest (1962), once exclaimed “To hell with facts! We need stories!” Mr. Kesey’s exclamation often becomes the storyline when a party to litigation mismanages their e-discovery preservation obligations and is then forced to respond to sanctions and spoliation claims. This … Continue Reading

Knowing When to Hold ‘Em: Considerations for Getting the Preservation Obligation Right in Employment Discrimination Claims

Growing up, my dad was a huge country music fan. I refused to appreciate this style of music for no other reason than it was what my parents liked. But one song I vividly remember was the Gambler by Kenny Rogers. The refrain from that song always plays in my mind when it it comes … Continue Reading

Are Employers Still Confused When it Comes to E-discovery Preservation?

A recent employment discrimination claim highlights that employers and their lawyers still struggle with e-discovery preservation obligations.  In Haraburda v. Arcelor Mittal USA, Inc.(N.D. Ind. 6/28/2011) (PDF) the defendant former employer was ordered by the Court to implement a broad litigation hold to preserve information that may be discoverable (i.e., information that relates or may lead … Continue Reading

Former Employee Gets a Free Pass for Deleting Evidence in Employment Dispute

A recent employment termination turned litigation offers important lessons for employers and employees when it comes to preserving computer information maintained on company issued laptops and related equipment. In Larkin v. Trinity Lighting, Inc. (PDF) (S.D. Miss. Apr. 20, 2011), Larkin was employed by Trinity as a salesperson and provided a company laptop, desktop computer, and … Continue Reading

Prominent Detroit Law Firm Settles Employment Discrimination Claims Following Allegations of Mismanaging E-Discovery Preservation

On May 31, 2011, Crain’s Detroit Business (by Chad Halcom) reported that a prominent Detroit law firm and its Vice-Chairman had settled litigation involving various employment law claims filed by a former executive assistant.  I previously reported on this employment discrimination litigation and also discussed the lessons to be learned from the law firm’s alleged mishandling of its … Continue Reading

The Importance of Timely Preserving Email in Employment Discrimination: Part II

Part I of this post discussed the background of a party’s obligation to preserve email information in response to an employment litigation claim and when that obligation may arise. As explained in Part I, this discussion took place in the context of an employment discrimination claim against a prominent Detroit law firm Honigman Miller Schwartz and Cohn and … Continue Reading

The Importance of Timely Preserving Email in Employment Discrimination: Part I

A prominent Detroit law firm, Honigman Miller Schwartz and Cohn, was recently sued by a former executive assistant after she was discharged following an on-the-job injury and related employment discrimination claims. For any employer, dealing with such a garden variety employment discrimination claim has risks and costs. But the suit against Honigman also provides a … Continue Reading
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