Cautionary Tale from Brooklyn: Search Terms ‘Designed To Fail’

Every lawyer who thinks e-discovery is not important, that you can just delegate it to a vendor, should read Abbott Laboratories, et al. v. Adelphia Supply USA, et al., No. 15 CV 5826 (CBA) (LB) (E.D.N.Y. May 2, 2019). This Read More …

Second Circuit Uses “Klipsch” to Speak Loud and Clear on e-Discovery Misconduct

Klipsch makes some of the best speakers in the world, especially their high-end Klipschorn speaker series shown here. The Second Court of Appeals used a Klipsch in a dispute recently to sound an alarm about e-discovery abuse and how it Read More …

Spoliated Schmalz: New Sanctions Case in Chicago That Passes-Over a Mandatory Adverse Inference

I am writing today, on Jewish Passover, regarding an opinion that AI found for me, namely a standing search of all of Pacer using Lex Machina. My AI assistant found a sanctions order for spoliation in an employment law case Read More …

Waymo v. Uber, Hide-the-Ball Ethics and the Special Master Report of December 15, 2017

The biggest civil trial of the year was delayed by U.S. District Court Judge William Alsup due to e-discovery issues that arose at the last minute. This happened in a trade-secret case by Google’s self-driving car division, WAYMO, against Uber. Waymo Read More …