January's Notable Cases and Events in E-Discovery


This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues:

  1. a U.S. District Court for the Northern District of Illinois order finding that defendant had been guilty of gross negligence in preserving instant messages sent by its employees and permitting plaintiff to present evidence of such failure to preserve at trial
  2. a U.S. District Court for the Southern District of Alabama decision denying defendant’s motion for a protective order that sought to protect its Rule 30(b)(6) deponent from a videotaped deposition
  3. a U.S. District Court for the Northern District of Florida ruling granting defendant’s motion to claw back portions of a PowerPoint presentation that it claimed were privileged and inadvertently produced
  4. a U.S. District Court for the Eastern District of Louisiana decision imposing monetary sanctions on a bellwether plaintiff pursuant to Fed. R. Civ. P.37(b)(2)(A) for repeated and willful failures to comply with her discovery obligations

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