Ralph Losey: Second Circuit Uses “Klipsch” to Speak Loud and Clear on e-Discovery Misconduct

Extract from Ralph Losey’s article “Second Circuit Uses “Klipsch” to Speak Loud and Clear on e-Discovery Misconduct” 

Klipsch makes some of the best speakers in the world, especially their high-end Klipschorn speaker series shown here. The Second Court of Appeals used a Klipsch in a dispute recently to sound an alarm about e-discovery abuse and how it will not be tolerated. Klipsch Group, Inc. v. ePRO E-Commerce Ltd., 880 F. 3d 620 (2d Cir, 2018). The unanimous opinion written by Circuit Judge Gerard E. Lynch upheld the lower court’s sanctions against Klipch’s adversary in the suit, ePro. The adverse inference sanction entered means that Klipsch will now almost certainly win the case.

Read the full article here

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