E-Discovery Sanctions: 5 Practice Tips for Protecting Your Clients & Your Reputation
For more information, please contact Katie King at kaking@kilpatricktownsend.com.
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When The Timing of Your Spoliation Motion Can Be As Important As Its Substance
A motion for an adverse inference was denied in Pratt v. Robbins, et al. where Defendants failed to preserve or produce a video that might have contained pivotal evidence going to the heart Plaintiff’s civil rights claim for excessive force. Plaintiff argued that Defendants spoliated evidence by failing to produce the video footage that may have recorded the use of force at issue. A party seeking spoliation sanctions bears the burden of proving all of the elements of Rule 37(e), and under Fourth Circuit precedent is generally held to a clear and convincing standard. Plaintiff’s decision to suddenly cry foul on the eve of trial did not go over well with the Court.
PLAY IT AGAIN, SAM . . . BUT WAIT – WHAT IS HE PLAYING, AND WHO IS SAM?: Website Session Replay Software and Wiretapping
The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users continues to be a concern for companies in 2024. While many of these cases have turned on whether website operators disclosed and obtained consent from website users prior to deploying any session replay software, a recent decision in a pending class action brought under the Pennsylvania Wiretap Act indicates that consent alone may not be the end of the story in these cases.
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When The Timing of Your Spoliation Motion Can Be As Important As Its Substance
A motion for an adverse inference was denied in Pratt v. Robbins, et al. where Defendants failed to preserve or produce a video that might have contained pivotal evidence going to the heart Plaintiff’s civil rights claim for excessive force. Plaintiff argued that Defendants spoliated evidence by failing to produce the video footage that may have recorded the use of force at issue. A party seeking spoliation sanctions bears the burden of proving all of the elements of Rule 37(e), and under Fourth Circuit precedent is generally held to a clear and convincing standard. Plaintiff’s decision to suddenly cry foul on the eve of trial did not go over well with the Court.
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PLAY IT AGAIN, SAM . . . BUT WAIT – WHAT IS HE PLAYING, AND WHO IS SAM?: Website Session Replay Software and Wiretapping
The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users continues to be a concern for companies in 2024. While many of these cases have turned on whether website operators disclosed and obtained consent from website users prior to deploying any session replay software, a recent decision in a pending class action brought under the Pennsylvania Wiretap Act indicates that consent alone may not be the end of the story in these cases.
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Utilizing E-Discovery Tools in Innovative Ways
As part of the e-discovery process, we use digital means to identify relevant information for use in a legal proceeding. The proceeding may be a large-scale medical malpractice lawsuit, a patent infringement case, a government investigation, or countless other legal actions. However, the skills and resources used in those types of matters can also be used in other areas.