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In Yelton v. PHI, Inc., the defendant in a products liability action was sanctioned in the form of an adverse inference and an award of attorneys fees for failing to include a researcher, hired after the triggering event to conduct a simulation of the accident, in its litigation hold. No. 09-3144, 2011 WL 6100445 (E.D.La. December 7, 2011).
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In United Central Bank v. Kanan Fashions, Inc., the United States District Court for the District of Northern Illinois awarded monetary sanctions and an adverse inference against defendants who failed to preserve a computer server by "doing nothing," as the applicable litigation hold letter instructed them. No. 10 C 331, 2011 WL 4396856 (N.D.Ill. September 21, 2011).
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In Thorncreek Apartments III, LLC v. Village of Park Forest, the United States District Court for the District of Illinois held that counsel waived privilege to six inadvertently produced documents by failing to properly handle documents flagged as privileged and failing to oversee the online production process. 2011 WL 3489828 (N.D.Ill. 2011).
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On June 17, 2011, 2011, Judge Scheindlin withdrew her opinion in National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, 2011 WL 381625 (S.D.N.Y. 2011) which held that certain metadata is an integral or intrinsic part of an electronic record and where it is maintained by an agency, it is presumptively reproducible under FOIA unless the agency demonstrates it is not readily reproducible. As a reason for doing so, Judge Scheindlin cited an agreement amongst the parties as to the form and format that the disputed production would take and further stated that the "decision was not based on a full and developed record."
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In a lawsuit filed June 2, 2011 in the California Superior Court, J-M Manufacturing Company, Inc. ("JM") alleges that the law firm of McDermott Will & Emery ("MWE") breached its fiduciary duty owed to JM and committed legal malpractice by failing to sufficiently supervise the document review, and more specifically failing to adequately review documents for privilege prior to production.
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In Surowiec v. Capital Title Agency, Inc., the United States District Court for the District of Arizona held that failure to issue a timely litigation hold justified sanctions in the form of an adverse inference. --- F.Supp.2d ----, 2011 WL 1671925 (D.Ariz. 2011).
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In Micron Technology, Inc. v. Rambus, Inc., 2011 WL 1815975 (Fed. Cir. 2011) and Hynix Semiconductor Inc. v. Rambus Inc., 2011 WL 1815978 (Fed. Cir. 2011), the United States Court of Appeals for the Federal Circuit held that a memorandum prepared by the vice president outlining plans for suing Intel and DRAM manufacturers for patent infringement triggered Rambus's duty to preserve evidence.
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In Lee v. Max Intern., LLC, 2011 WL 1651640 (10th Cir. 2011), the Tenth Circuit Court of Appeals held that a United States District Court did not err in dismissing a Plaintiff's case for repeated failures to produce responsive documents.
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In In re Facebook PPC Advertising Litigation, the United States District Court for the Northern District of California ordered Facebook to reproduce all documents previously produced in .pdf format and further ordered Facebook not to use third-party vendor Watchdox.com's online production software.
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In Green v. Blitz U.S.A., Inc., the United States District Court for the Eastern District of Texas ordered civil contempt sanctions in the amount of $250,000.00 against the Defendant and ordered the Defendant to provide all Plaintiffs currently litigating against the Defendant, and any future Plaintiffs, with a copy of the memorandum summarizing discovery failures for failing to use reasonable search efforts and failing to prevent the spoliation of employee emails. 2011 WL 806011 (E.D.Tex. 2011).
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