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Symantec eDiscovery

Showing posts tagged with eDiscovery
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pfavro | 04 May 2011 | 0 comments

Appellate courts rarely weigh in on discovery issues.  When they do, clients and counsel should pay close to attention to the messages the courts are communicating.

That is why we have chosen to spotlight yesterday’s Tenth Circuit opinion in Lee v. Max International, LLC, which affirmed dismissal of the plaintiffs’ complaint for discovery misconduct.  The court reasoned that plaintiffs had “struck out.”  They had been given three chances – including two court orders – to produce key documents and failed on all three occasions.  Applying a pitch count to discovery abuses, the court reasoned that:  “three strikes is [sic] more than enough to allow the district court to call a litigant out.”

The take-home from the Tenth Circuit’s holding is more subtle than simply “produce your documents or else.”  The key to the decision was its reliance on Federal Rule of Civil...

| 04 May 2011 | 0 comments

Litigation Readiness and your IT Infrastructure: Spring Cleaning 

What is litigation readiness and why is it important? It is the measure of how prepared a company is to respond when  litigation arises.  It is important because failure to prepare can, in the best case, lead to inefficiencies and higher costs in responding to discovery to the worst case of facing legal sanctions (fines and penalties) for failure to produce relevant evidence.


 How is it measured?  Most companies are unsure of how to formalize readiness, and even the most prepared companies are tested since litigation always presents  surprises.  Because companies face  different regulatory requirements and business needs, this answer is not the same in each case.