Client and Counsel Sanctioned More Than $2.5 million for ‘Amateur Hour’ Discovery Ineptitude

By Edward J. Jacobs and David Choi on March 14, 2023 Posted in Case Summaries

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Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible discovery effort. This counsel instead subjected the court to a self-described “inner circle of judicial … Continue Reading

DOJ Arrests Former BP Engineer on Charges of Deleting Text Messages in Violation of Multiple Legal Hold Instructions

By Gilbert S. Keteltas on April 24, 2012 Posted in Criminal, Spoliation

Today, the U.S. Department of Justice announced the arrest of a former BP engineer, Kurt Mix, on “charges of intentionally destroying evidence requested by federal criminal authorities investigating the April 20, 2010, Deepwater Horizon disaster.” Mix worked on BP’s efforts to stop the flow of oil at Deepwater Horizon and, according to DOJ, in that … Continue Reading

Is “double-deletion” of e-mail evidence of conspiracy, spoliation, or legitimate activity?

By Karin Scholz Jenson on April 20, 2012 Posted in Antitrust, The Sedona Conference

The recent e-book price fixing lawsuit brought by the U.S. Department of Justice against Apple and individual book publishers includes allegations that the publishers recognized the “illicit nature” of their communications because they “took steps to conceal their communications with one another, including instructions to ‘double delete’ email…” Conspiracy allegations aside, DOJ’s cloak-and-dagger allegations belie … Continue Reading