e-Lawyering Aviles v. S&P Global, Inc. (S.D.N.Y. 2021) May 24, 2021 by Robertson Noreus Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confid... Read more » CASE SUMMARIES Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Privilege or Work Product Protections Proportionality Relevance Server Shareholder Suit
e-Lawyering Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020) August 13, 2020 by KLG PDF Import Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction. Nature of Case: Breach of Contract Electronic Da... Read more » CASE SUMMARIES Data Preservation FRCP 37(e) Preservation (effective Dec. 1, 2015) Motion for Sanctions Spoliation