Section 5

Oscar_Pistorius-Trial_headacheSection Five – Spoliation and Sanctions.

Module A – The Chimney Sweep Boy and the Goldsmith: the Ancient Origins of the Doctrine of Spoliation.

Module BLandmark Cases on Sanctions: Reasonable Efforts, Perfection, and Res Ipsa Loquitur.

Module C People Make Mistakes and The Poetry of e-Discovery.

Module DSix Super Sanctions Cases.

Module EA Duo of Sanctions Cases – Wells Fargo and Hobie Cat.

Module FIn-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence.

Module G – A Trio of Interesting 2016 Sanctions Cases decided under 2015 Revised Rule 37(e).

Module HInside the Head of a Digital Pirate.

Module ITextbook Case of Discovery Abuse Exposes a Fallacious “Pig in a Poke” Defense.

Module JThe “Bray & Gillespie” Saga Ends with an Incredible Story of a Phone Call.

Module KThe old “Sick Computer,” “Pig in a Poke,” and “Somnambulist” defenses were tried again with no success.

Module LThree Even More Interesting 2016 Sanctions Cases Decided under Revised Rule 37(e).

Closing Remarks by Ralph Losey. Video Summary and overview of the course and Ralph’s vision for the future development of this new field of law. This video also includes suggestions for study for a Final Examinations. This was available before 2017 when this was a paid program and students were going for certification. Unfortunately, testing and certification are services no longer offered by this free course.

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!


Copyright Ralph Losey 2017

Ralph Losey is a practicing attorney who specializes in electronic discovery law. He is a principal in a U.S. law firm with over 50 offices & 800 lawyers where he supervises electronic discovery work and litigation support. Ralph has written over two million words on law and technology, including six books on electronic discovery. His latest books are "E-Discovery for Everyone" (ABA 2017) and "Perspectives on Predictive Coding" (ABA 2017) (ed. & contributor). His blog is widely read in the industry: "e-DiscoveryTeam.com." Ralph is the founder and principal author of "Electronic Discovery Best Practices" and "e-Discovery Team Training," a free online course covering all aspects of e-discovery. Ralph's sub-speciality is the search and review of electronic evidence using multimodal methods, including artificial intelligence. He also has a free online training program to teach these advanced methods - the "TAR Course." Ralph has devoted a month of his time each year since 2013 to research and test various AI-enhanced document review methods. In 2015 and 2016 Ralph and his Team participated in the TREC Total Recall Track experiments sponsored by the National Institute of Standards and Technology. Ralph has been involved with computers and the law since 1978. His full biography is found at RalphLosey.com. Ralph is the proud father of two children, Eva M. Losey and Adam Colby Losey, a high-tech lawyer married to another e-discovery lawyer, Cat Jackson Losey, and, best of all, Ralph has been married since 1973 to Molly Friedman Losey, a mental health counselor and life-long friend.

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