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In an Electronic World, Always Use the Paper Trail

A higher-up sexually harasses a mid-level employee. This sounds like every company’s bi-annual Human Resources lecture, but I’ll spare the burnt coffee and “trust falls” because the details in this...

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Judge Sheindlin Hits Spoliating Plaintiff with Adverse Inference Instruction

In Sekisui Am. Corp. v. Hart, District Court Judge Shira Sheindlin reversed a decision of the lower court and imposed sanctions against a plaintiff for its willful spoliation of electronically stored...

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Employers—Got Resumes? Don’t Toss Them Just Yet

Plaintiff Erick Zayas joined with the Equal Employment Opportunity Commission (EEOC) to sue Ventura Corp. for employment discrimination on the basis of sex in 2007. In essence, Zavas complained that...

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If You’re Looking For Approval of Computer-Assisted Review, You Found the...

In a case dealing with gender discrimination between female employees and a large advertising conglomerate, the plaintiffs filed claims against the defendants under Title VII of the Family and Medical...

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Erasing Videotapes Can Be Dangerous for Everyone, Not Just Politicians!

In McCann v. Kennedy Univ. Hosp., Inc., the plaintiff Robert McCann sued Kennedy University Hospital, asking the court to sanction the hospital for intentionally or inadvertently destroying necessary...

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Recycling—Helps the Earth, Saves Lives, and Destroys Electronic Evidence

“Recycle,” “conserve,” “waste,” and “pollution” are terms that were implanted into the minds of each of us at a young age and are now they are being instilled into companies worldwide as a measure to...

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FRCP 26(b) – A “Yes Man” for Motion to Compel Discovery Requests

It is well understood that FRCP 26(b) grants broad discretion over discovery. Courts use a “totality of the circumstances” test to weigh a discovery requests and generally, strong public policy in...

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Sorry, I Forgot I Was Supposed To Do YOUR Job For YOU

In this technological age, people have gotten very lazy. Jobs once done by hand evolved to being done with tools. Jobs once done with tools evolved to being done by machines. Jobs once done by machines...

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Search Terms Must Be Arguably Relevant to Stand Judicial Review—Potential...

Federal Rules of Evidence Rule 401 defines something as relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of...

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