Remove Affidavits Remove Depositions Remove Litigation
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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

Defendant, Leadenhall Capital, moved to compel additional discovery and 777 Partners moved for additional time to complete expert depositions due to a document production issue. It also moved for a protective order to prevent certain depositions. After problems arose, litigants have been ordered to transcribe their meet and confers.

Discovery 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. Bentons and (according to an affidavit) Ms. As a result, Ms. 10, 2024).

Discovery 130
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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

The decision reinforces the need for carefully-designed, proactive, and comprehensive information governance and litigation hold procedures. Mr. Hughey said in an affidavit (offered into evidence by both HHI and Mr. Shapiro) that he mapped Mr. Shapiro’s email account onto two HHI computers. 19, 2021). [1]

Evidence 130
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Passing of Senate Bill 458 Helps Reform Civil Asset Forfeiture in Kansas

Joseph, Hollander & Craft

Substantial due process protections implemented by the bill include a requirement that commencement of forfeiture proceedings be supported by a probable cause affidavit, a requirement that clear and convincing evidence support a final forfeiture order, and a requirement that courts consider whether forfeiture is excessive under the circumstances.