In Marten Transport, Ltd. V. Plattform Advertising, Inc., Kansas Magistrate Judge Teresa J. James denied the defendant’s Motion for Spoliation Sanctions, ruling that, although the plaintiff had a duty to preserve relevant ESI as of Fall 2013, that duty to preserve did not extend to the internet history of one of its employees until June 2015, and by then the internet history was lost.

The troubles for Volkswagen continue into the electronic discovery arena. According to the Courthouse News Service, an ex-employee of the company has filed suit, claiming that he was fired for refusing to take part in an alleged three-day purge of documents related to the automaker's emissions-cheating scandal known as “Dieselgate”.

As the volume of data in the world doubles as frequently as every 1.2 years, the challenges to manage that data in discovery compound significantly as well. With review being the biggest component of the discovery process – as much as 80% of the cost of eDiscovery – review attorneys have become a significant participant in that review process (even in some cases where technology assisted review may be used). That doesn’t mean that review attorneys get the respect that they may deserve.

In Malibu Media, LLC v. Doe, in a case of dueling summary judgment motions, Illinois Magistrate Judge Geraldine Soat Brown denied the plaintiff’s motion for summary judgment, but granted the defendant’s summary motion in its entirety, concluding that the plaintiff had not presented sufficient evidence to prove its allegations of illegally downloading movies.