TOP 5 EDISCOVERY CASE SUMMARIES – AUGUST 2013 by THOUGHT LEADERSHIP TEAM

1. COURT DECLINES TO RULE ON DISCOVERY DISPUTE UNTIL PARTIES MEET AND CONFER AMEC ENV’T & INFRASTRUCTURE, INC. V. GEOSYNTEC CONSULTANTS, INC., 2013 WL 3923459 (N.D. CAL. JULY 26, 2013). 2. COURT REFERENCES DEFENDANT’S PREVIOUS SPOLIATION IN GRANTING SANCTIONS HART V. DILLON COS., 2013 WL 3442555 (D. COLO. JULY 9, 2013). 3. NEGLIGENCE ALONE IS NOT ENOUGH FOR SPOLIATION SANCTIONS SEKISUI AM. CORP. V. HART, 2013 WL 2951924 (S.D.N.Y. JUNE 10, 2013). 4. STORED COMMUNICATIONS ACT CAN BLOCK EMPLOYER ACCESS TO PERSONAL DATA ON COMPANY-ISSUED DEVICES LAZETTE V. KULMATYCKI, 2013 WL 2455937 (N.D. OHIO JUNE 5, 2013). 5. PROPORTIONALITY MUST BE CONSIDERED FOR SPOLIATION SANCTIONS PTSI, INC. V. HALEY, 2013 WL 2285109 (PA. SUPER. CT. MAY 24, 2013).