Why Your Computer Can Be Your Worst Enemy in Litigation – Part 3 in a 3 Part Series

Posted on May 29, 2011

Do not assume that you can avoid producing damaging evidence, or avoid the burden of searching for relevant, electronically stored information (ESI) simply by hitting a delete button or allowing the documentation to be periodically destroyed by pre-established document retention policies. This is the easiest way to have harsh sanctions and potentially a catastrophic judgment […]

Why Your Computer Can Be Your Worst Enemy in Litigation – Part 2 in a 3 Part Series

Posted on May 16, 2011

As anyone who has been involved in a lawsuit knows, one of the first things a party – whether plaintiff or defendant – is hit with is a Request for Production requiring production of all types of information allegedly related to the controversy. These document requests now routinely include requests for electronically stored information (ESI). […]

Why Your Computer Can Be Your Worst Enemy in Litigation – Part 1 in a 3 Part Series

Posted on May 10, 2011

More and more courts are sanctioning parties and their lawyers for failure to preserve, retrieve, and produce electronically stored information (ESI) that the courts believe should have been preserved and produced. In a recent case the president of a company was sentenced to two years in prison for deleting ESI that had been requested in […]

U.S. Supreme Court Approves Limitation of Class Actions Pursuant to the Federal Arbitration Act

Posted on May 10, 2011

The use of class action lawsuits, where potentially scores of individuals join together to pursue their individual claims in one case, have become more and more prevalent in the employment arena. Employers are repeatedly faced with class action lawsuits for all manner of work place practices including alleged wage and hour violations, acts of discrimination […]