Compliance Stuff

  In the complex world of eDiscovery, t he responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In this blog, we’ll examine the recent decision in   Domus BWW Funding, LLC v. Arch Insurance Company , where a series of eDiscovery failures led to costly and potentially case altering sanctions. This case serves as a cautionary tale for in-house counsel, offering vital lessons on the importance of early preservation, diligent supervision, and honest communication with the Court. Case Background The case of   Domus BWW Funding, LLC v. Arch Insurance Company  was decided on August 12, 2024, by U.S. District Judge Joshua Wolson. This decision, one of 13 in our eDiscovery Assistant database written by Judge Wolson, underscores the importance of proper eDiscovery practices. The issues at hand included cooperation of counsel, spoliation, sanctions,...

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career, so I’m at least qualified to comment on the importance of executing sound legal hold and preservation processes. Google Has Monopolized the Search Market Recently, the United States District Court for the District of Columbia issued a decision in United States of America et al., vs. Google LLC, Case No. 1:20-cv-03010-APM (08/05/24). This case was brought against Google by the federal and state governments alleging that Google practices related to their dominance of the search market violated the Sherman Act and the Clayton Act, which are U.S. laws designed to protect against antitrust, monopolistic, and unfair and anti-competitive business practices. Commenced in 2020 and proceeding through discovery and eventually a trial in 2023, the case largely flew under the ra...