Tag Archives: esi

Avoiding & Reducing Risks of Sanctions in Employment Litigation

I am presenting a Webinar titled E-discovery Tips for Winning Employment Cases, on May 31, 2012. One of the main problems the presentation addresses is reducing the difficulty employers experience when it comes to meeting their preservation obligations in response to employment litigation. However, with various regulations, record keeping requirements and creative lawyers, this is becoming … 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
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