E-Discovery

Two of the most compelling discovery sanction cases of the past year are Klipsch Group., Inc. v. ePRO E-Commerce Ltd. and Ronnie Van Zant, Inc. v. Pyle, both decided in the Second Circuit. In the first, the court awarded $2.68 million in discovery sanctions in a case valued at a mere $20,000. In the second, the court issued an adverse inference when a defendant failed to preserve text messages held by a non-party. The implications of both decisions appear far-reaching and critically important for those involved in the discovery process.     

There was a time when the only data you needed to collect in response to a discovery request was corporate email. Fast forward to present day. Employees are conducting business with smartphones, via social media and with the assistance of wearable technology. As a result, responding to e-discovery requests has become increasingly challenging.

In the modern workplace, companies are beset with a multitude of challenges regarding ownership and use of devices such as laptops, mobile phones, tablets, and others, and the information on or accessed by them. It has become increasingly common for companies to follow a model called BYOD, or “Bring Your Own Device,” where an employee purchases their own device and the company pays for either all or partial service. While there are clear advantages to this type of business model, there are drawbacks that should be considered when drafting company policies. 

With the opening of the LitSmart® E-Discovery Review Center in Winston-Salem, the award-winning LitSmart E-Discovery Team is able to centrally manage document reviews on litigation taking place across the country while providing e-discovery services at highly-competitive rates in the national market. Here we detail a sample of the team's 100+ successful document reviews. 

Have you watched the news lately? Somewhere in between the coverage of politics, global turmoil, more politics, sports, and the absurd number of commercial breaks, there seem to be weekly, albeit very brief, reminders that your personal data is not safe.