New Rule + Old Case = Same Result

New Rule + Old Case = Same Result

Originally published on LinkedIn April 20th 2016 In this USDC of Southern Florida case (Brown Jordan v. Carmicle), the Court found the defendant had intentionally destroyed or withheld information from his work and home computers and phone. Defendant was prohibited...
Bad Faith Defined by Computer Expert

Bad Faith Defined by Computer Expert

Originally published on LinkedIn May 26th 2016 Even though Defendants deleted plaintiffs’ email account after she had filed an EEOC claim and the HR person that was also individually sued deleted her emails with the person that was hired to replace plaintiff,...
Fined for Collecting and Paying Taxes

Fined for Collecting and Paying Taxes

Originally published on LinkedIn May 26th 2016 This is an interesting case from our Washington State Supreme Court –  Cingular v Clyde Hill.  Cingular collected local utility taxes from its customers within Clyde Hill for a number of years and paid those taxes...
Perfection Not Required in eDiscovery Process

Perfection Not Required in eDiscovery Process

Originally published on LinkedIn June 1st 2016 There is no such thing as perfection, particularly as it relates to the litigation process.  This has been my mantra for years.  Unfortunately I’ve seen far too many courts that seem to try and hold the parties to...
Probably Right Result but a Tortured Path

Probably Right Result but a Tortured Path

Originally published on LinkedIN June 30, 2016 A key representative for plaintiff deleted a bunch of emails while involved in litigation because his email account was too full – according to his provider.  He had already produced email in the litigation, but...

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