Articles

One Bad Apple Spoils the Bunch: Bad Faith Destruction of ESI by a Single Employee Can Carry Large Sanctions Dear John, My client recently became aware of a potential lawsuit and promptly issued a litigation hold. My client also held training sessions to ensure compliance with the hold.  However, I...

As printed in The Daily Record, December 4, 2017 Dear John, As a football fan and a newly admitted attorney, I have been following the Colin Kaepernick controversy with great interest. I read recently that as part of Kaeperrnick’s grievance against the NFL, team owners and league executives, who h...

As published in The Daily Record, September 25, 2017 Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document demands and, while the s...

As published in The Daily Journal, June 25, 2017 Dear John, I have a new case in federal court and I anticipate that both parties will need to sift through a high volume of electronically stored information (“ESI”) for potentially relevant documents.  Opposing counsel wants the parties to take...