- The Sanctions Opinion — Feb. 5, 2026, 2026 WL 306683. Here, the court found bad-faith Rule 11 violations and imposed terminal sanctions (default
Mastering the Chat Matrix: Technical E-Discovery Considerations for Collaborative Communications Platforms
This eDiscovery blog post below identifies general considerations that legal teams and vendors may find useful when thinking about data assessment and the preservation of chat threads in connection with a litigation hold.
Continue Reading Mastering the Chat Matrix: Technical E-Discovery Considerations for Collaborative Communications Platforms
Court Sanctions Highlight Potential Risks of Using Unchecked AI in Litigation
In February, a federal judge in the Southern District of New York issued case-ending sanctions against an attorney who failed to “learn from his mistakes” and repeatedly submitted filings containing false, AI-generated citations to the court.
Continue Reading Court Sanctions Highlight Potential Risks of Using Unchecked AI in Litigation
Rethinking Discovery Obligations for Modern Digital Files
Hubbard v. Crow is a recent federal case highlighting complex issues at the intersection of technology and the law, particularly regarding the preservation and production of electronic evidence under Rule 37 of the Federal Rules of Civil Procedure.
The case centered on a dispute over plaintiffs’ alleged failure to produce an unedited podcast recording, which
Navigating AI Disclosure Rules in New York Courts
Judges are still figuring out the best way to preempt misuse of generative AI (GenAI) in their courts as use of AI technology becomes more commonplace in litigation.
Since Judge Brantley Starr of the U.S. District Court for the Northern District of Texas issued the first standing order on the use of AI in preparing
Second Circuit: Rule 37 Sanctions Require ‘Intent to Deprive’ for Lost ESI, Not Mere Negligence
Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him. After trial, the jury returned a verdict in the officers’ favor. Hoffer appealed the judgment, arguing the district court erred in denying his request
Preservation of Text Messages and Personal Devices
Facts
In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant
Failure to Comply with Discovery Obligations Can Lead to ‘Case-Killing’ Sanctions
Factual Background
Plaintiffs are former employees of Federal Reserve Bank of New York (Federal Reserve) whose employment was terminated when they refused to comply with Defendant’s requirement that its employees be vaccinated against Covid-19. Dkt. No. 24. Plaintiffs alleged that their terminations violated the Religious Freedom Restoration Act; the Free Exercise Clause of the First
Spoliation and the Evolution of Case Law
In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly, the parameters
The Basics of eDiscovery Sanctions
The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate discovery misconduct when a party fails to preserve potentially relevant information and that failure is shown to have been an intentional act to deprive the