Some Pointed E-Discovery Lessons From A Battle Of Giants

Apple v. Samsung was extensively covered in the media, but most people were not aware that leading up to trial there was a protracted battle over e-discovery. Both sides were sanctioned, and some important lessons emerged. The opinions of the Northern District of California during the course of the case provide a good road map for evaluating your own company’s preservation policies. One simple lesson that emerged: If you as plaintiff are going to assert a certain trigger date for a hold, make sure  you were in compliance by that date yourself.