Civil Rights
Nov. 3, 2012
eDiscovery: Oral hold notices border on recklessness
Issuing oral rather than written hold notices may border on "recklessness," according to an erudite opinion.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Preservation holds notice controversy. Issuing oral rather than written hold notices may border on "recklessness," according to an erudite opinion by Chief Judge, B. Lynn Winmill in Scentsy Inc. v. B.R. Chase LLC, No. 1:11-cv-00249-BLW, 2012 WL 4523112 at *8 (D. Idaho Oct. 2, 2012), dealing with this unsettled question.
In Scentsy the court had before it several discovery motions. Among those, the ones that we are interested in for the purpose of this column a...For only $95 a month (the price of 2 article purchases)
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