Tag Archives: ediscovery

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

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

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
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