One bad apple spoils the bunch

Published March 6, 2018 2768 Views

One Bad Apple Spoils the Bunch: Bad Faith Destruction of ESI by a Single Employee Can Carry Large Sanctions Dear John, My client recently became aware of a potential lawsuit and promptly issued a litigation hold. My client also held training sessions to ensure compliance with the hold.  Howeve...

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Will Kaepernick’s legal team get the personal cell phone records they seek?

Published December 4, 2017 2519 Views

As printed in The Daily Record, December 4, 2017 Dear John, As a football fan and a newly admitted attorney, I have been following the Colin Kaepernick controversy with great interest. I read recently that as part of Kaeperrnick’s grievance against the NFL, team owners and league executives, w...

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Raising Objections to the Format of ESI Productions: Do it early and do it clearly

Published September 25, 2017 3922 Views

As published in The Daily Record, September 25, 2017 Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document demands and, while t...

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Should you be using TAR? Judge Peck recommends you do, but the choice is yours… for now.

Published June 25, 2017 2384 Views

As published in The Daily Journal, June 25, 2017 Dear John, I have a new case in federal court and I anticipate that both parties will need to sift through a high volume of electronically stored information (“ESI”) for potentially relevant documents.  Opposing counsel wants the parties to take...

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