Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.