Defendant Sanctioned for Failure to Issue Litigation Hold
2010 U.S. Dist. LEXIS 51312 (N.D. Ill. 2010)
In a race discrimination case, the defendant high school was sanctioned for its failure to issue a litigation hold. After receiving notice of the plaintiff’s filing with the EEOC, the defendant did not install a litigation hold but rather instructed several key players to maintain their own email relevant to the dispute. The key players did not have the assistance of counsel, and each was able to permanently delete email at his own discretion. A proper litigation hold was not installed for over one year, and potentially relevant emails were lost during this time.
The court found that the defendant had breached its duty to preserve evidence. The defendant had not shown that installing a litigation hold would have been a burden, and the incomplete production had harmed the plaintiff. Because the loss of evidence did not appear to be deliberate, the court found an adverse inference instruction inappropriate. Instead, the defendant was precluded from arguing that the absence of email containing discriminatory statements demonstrated that no such statements were made.
- Staff Recognized for Departing Employee Investigations - The first issue of Corporate Counsel Business Journal, CCBJ, includes an interview with our Director of Digital Forensics, Yaniv Schiff, and Solutions Architect, Curtis Collette, on the evolution of departing employee investigations. Departing Employee: When Do Investigations Become Necessary? appeared in the print publication, online edition, and on CCBJ’s In-House Tech website. For Increasing Numbers of Employers, Departing Employee Investigations[...Read More]
- Chicago Office Food Drive – The Results Are In - QDiscovery’s Chicago Office collected nearly 1,000 containers of food for the local food bank this Holiday Season! Our office competed with sister offices in Indiana and Connecticut. Alas, we came in third. Our sister offices each collected nearly 2,000 containers for their local food banks. Relatively new to the company-wide food drive, the Forensics Division[...Read More]
- QDiscovery Forensics Team Develops Award Winning App! - QDiscovery is winner of a 2017 Relativity Innovation Award. Presented at Relativity Fest, the award celebrates organizations that create apps or integrations that extend the functionality of Relativity’s eDiscovery software. Our development team created an application that makes the analysis of mobile collections much more manageable. Relativity users can now produce and review mobile device data[...Read More]
- Moving and Changing - Acquired by Connecticut-based QDiscovery in 2016, Forensicon’s capabilities multiplied overnight, both in forensics brain power and eDiscovery expertise. As part of a leading provider of end to end litigation support, moving to larger offices that are more central to the Chicago legal community was inevitable.
- QDiscovery Named One of the Top 20 Providers of Legal Services! - Leading industry publication, CIO Magazine, has named Forensicon’s parent company, QDiscovery, to it’s Top 20 Providers of Legal Services. The annual listing includes 20 companies that are at the forefront of providing legal solutions and impacting the marketplace. Read the whole article here. Featured in the publication alongside QDiscovery President, Dave Barrett, is Director of Digital Forensics, Yaniv[...Read More]