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
How Texting Can Drag Employers into the Middle of Divorce Litigation
Divorce can be a horrendous process for those directly involved. But it can also be challenging for employers who are inadvertently dragged into divorce proceedings. This is because a company’s interests are increasingly put at risks as digital evidence in the form of text messaging or emails becomes “Exhibit A” in divorce trials.
In this
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
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