Hard Drive Crash & Burn.jpgAttorney 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

Business Headlock.jpgFestivus – as introduced by Seinfeld – is a holiday celebration that included the “Airing of Grievances,” i.e., public criticism and pronouncements as to how a particular person has been a disappointment in the past year. 

The timing of holiday and year-end bonuses also often mark the beginning of a similar airing of

ToolboxCraig 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

Line of Questions.jpgA 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