Who is James Crane

James Crane - Senior E-Discovery CounselJames Crane is an attorney, consultant and author with extensive experience in e-discovery management. In his practice, James has defended corporate clients in a variety of complex matters including multi-jurisdictional class actions and internal corporate and government regulatory investigations.

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Crane on Law by James Crane

"Laws and institutions must go hand in hand with the progress of the human mind." - Sir Francis Bacon

Tag >> Spoliation

Oct 09

In Case You Missed It: Court Demands Parties Answer Questions About Spoliation

Published in SpoliationIn Case You Missed itFRCPEDiscoveryCase Law Update by James Crane | Comment (0)

 

The Northern District Court of California found a "troubling picture" when trying to understand how documents were possibly destroyed by a third-party defendant Taishan in Dong Ah Tire & Rubber Co., Ltd. v. Glasforms, Inc., a breach of contract case.

Even after months of discovery, testimony of Taishan's 30(b)(6) witnesses, and court ordered search and production of documents by Taishan, the

Jun 27

Five Reasons Companies Should NOT Conduct Their Own Forensic Investigations

Published in SpoliationOutsourcingLitigationEvidenceEDiscoveryCorporate CounselBest Practices by James Crane | Comment (0)

 

Corporate counsel is always dealing with the challenges of controlling costs and providing their corporate client with the most defensible position.  One question that always comes up is "why shouldn't we just collect our own data?"  It's a good question.  Many corporations have an IT department staffed with talented and available personnel. 

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May 15

The Consequences of Production Gaps

Published in SpoliationEDiscovery by James Crane | Comment (0)

In the world of corporate defense, production gaps can turn a winnable case upside down the moment the opposing party switches into discovery attack mode. Any seemingly small error in gathering or producing data invites the spectre of spoliation. If the corporate client is unable to present a detailed explanation and justification for any alleged oversight, sanctions will probably follow.

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