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Legal Tech: Winter 2021 E-Discovery Case Law Review

By Mike Hamilton
March 01, 2021

More than ever before, legal and regulatory activities require high-quality data and increasingly sophisticated techniques for seeking out, preserving, and collecting that data for litigation. In particular, e-discovery activities can often create snags for counsel through myriad ways — from custodian collection mistakes to actions that lead to permanent injunctions due to ESI spoliation. In this winter e-discovery case law review, we'll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.

  • Case 1: Custodian Self-Collection Leads to E-Discovery Headaches E.E.O.C. v. M1 5100 Corp.
  • Case 2: Appeals Court Affirms Permanent Injunction for ESI Spoliation QueTel Corp. v. Hisham Abbas
  • Case 3: Outside Counsel Sanctioned for Not Adequately Supervising Client's E-Discovery Activities Optronic Tech Inc. v. Ningbo

Custodian Self-Collection Leads to E-Discovery Headaches

E.E.O.C. v. M1 5100 Corp., No. 19-cv-81320 (S.D. Fla. July 2, 2020)

Why This Case Is Important

In today's sophisticated digital environment, people can feel so confident in their IT skills that they think can do anything an e-discovery professional or IT professional can do. This case is a prime example that this isn't true, and for an e-discovery process to be truly defensible, legal teams must play an important role in ensuring the proper and comprehensive collection/processing of data in e-discovery.

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