Tag satellite discovery

“The Court is keenly interested in whether Defendants’ counsel issued a litigation hold.” by Michael Berman, E-Discovery LLC.

“The Court is keenly interested in whether Defendants’ counsel issued a litigation hold.”

In Jones Eagle LLC v. Ward, the court ordered “discovery on discovery” and demanded confirmation of a litigation hold after missing text messages and auto-delete settings raised Rule 37(e) concerns. The decision underscores that preservation duties rest with the preserving party, not the requesting party, and that failure to disable auto-delete may signal bad faith.

Read More“The Court is keenly interested in whether Defendants’ counsel issued a litigation hold.”