Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

Measurements of the imaginary component of the refractive index of weakly absorbing single aerosol particles

The interaction of atmospheric aerosols with radiation remains a significant source of uncertainty in modeling radiative forcing. Laboratory measurements of the microphysical properties of atmospherically relevant particles is one approach to reduce this uncertainty. We report a new method to investigate light absorption by a single aerosol particle, inferring changes in the imaginary part of the refractive index with a change in environmental conditions (e.g., relative humidity) and inferring the size dependence of the optical extinction cross section. More specifically, we present measurements of the response of single aerosol particles to near-infrared (NIR) laser-induced heating at a wavelength of 1520 nm. Particles were composed of aqueous NaCl or (NH₄)₂SO₄ and were studied over ranges in relative humidity (40–85%), particle radius (1–2.2 μm), and NIR laser power. The ensuing size change and real component of the refractive index were extracted from measurements of the angular variation in elastically scattered light. From the heating-induced size change at varying NIR beam intensities, we retrieved the change in the imaginary component of the refractive index. In addition, cavity ring-down spectroscopy measurements monitored the change in extinction cross section with modulation of the heating laser power

A complete parameterisation of the relative humidity and wavelength dependence of the refractive index of hygroscopic inorganic aerosol particles

Abstract. Calculations of aerosol radiative forcing require knowledge of wavelength-dependent aerosol optical properties, such as single-scattering albedo. These aerosol optical properties can be calculated using Mie theory from knowledge of the key microphysical properties of particle size and refractive index, assuming that atmospheric particles are well-approximated to be spherical and homogeneous. We provide refractive index determinations for aqueous aerosol particles containing the key atmospherically relevant inorganic solutes of NaCl, NaNO3, (NH4)2SO4, NH4HSO4 and Na2SO4, reporting the refractive index variation with both wavelength (400–650 nm) and relative humidity (from 100 % to the efflorescence value of the salt). The accurate and precise retrieval of refractive index is performed using single-particle cavity ring-down spectroscopy. This approach involves probing a single aerosol particle confined in a Bessel laser beam optical trap through a combination of extinction measurements using cavity ring-down spectroscopy and elastic light-scattering measurements. Further, we assess the accuracy of these refractive index measurements, comparing our data with previously reported data sets from different measurement techniques but at a single wavelength. Finally, we provide a Cauchy dispersion model that parameterises refractive index measurements in terms of both wavelength and relative humidity. Our parameterisations should provide useful information to researchers requiring an accurate and comprehensive treatment of the wavelength and relative humidity dependence of refractive index for the inorganic component of atmospheric aerosol. </jats:p

Choosing Your Major

Don\u27t graduate college without a plan! Many college graduates find themselves unsure of where to go upon finishing their degree. Venturing into the professional world can be stressful and even daunting, but being proactive and following a few simple rules will get you on your way to a career in no time! There are several elements to consider and prepare for as you enter the professional world. This pamphlet and video, along with the career services office on your campus, will help you take the steps to successfully begin your career

Comparison of Eight Methods for the Extraction of Bacillus atrophaeus Spore DNA from Eleven Common Interferents and a Common Swab

Eight DNA extraction products or methods (Applied Biosystems PrepFiler Forensic DNA Extraction Kit; Bio-Rad Instagene Only, Bio-Rad Instagene & Spin Column Purification; EpiCentre MasterPure DNA & RNA Kit; FujiFilm QuickGene Mini80; Idaho Technologies 1-2-3 Q-Flow Kit; MoBio UltraClean Microbial DNA Isolation Kit; Sigma Extract-N-Amp Plant and Seed Kit) were adapted to facilitate extraction of DNA under BSL3 containment conditions. DNA was extracted from 12 common interferents or sample types, spiked with spores of Bacillus atropheaus. Resulting extracts were tested by real-time PCR. No one method was the best, in terms of DNA extraction, across all sample types. Statistical analysis indicated that the PrepFiler method was the best method from six dry powders (baking, biological washing, milk, plain flour, filler and talcum) and one solid (Underarm deodorant), the UltraClean method was the best from four liquids (aftershave, cola, nutrient broth, vinegar), and the MasterPure method was the best from the swab sample type. The best overall method, in terms of DNA extraction, across all sample types evaluated was the UltraClean method

Bordetella Adenylate Cyclase Toxin Mobilizes Its β2 Integrin Receptor into Lipid Rafts to Accomplish Translocation across Target Cell Membrane in Two Steps

Bordetella adenylate cyclase toxin (CyaA) binds the αMβ2 integrin (CD11b/CD18, Mac-1, or CR3) of myeloid phagocytes and delivers into their cytosol an adenylate cyclase (AC) enzyme that converts ATP into the key signaling molecule cAMP. We show that penetration of the AC domain across cell membrane proceeds in two steps. It starts by membrane insertion of a toxin ‘translocation intermediate’, which can be ‘locked’ in the membrane by the 3D1 antibody blocking AC domain translocation. Insertion of the ‘intermediate’ permeabilizes cells for influx of extracellular calcium ions and thus activates calpain-mediated cleavage of the talin tether. Recruitment of the integrin-CyaA complex into lipid rafts follows and the cholesterol-rich lipid environment promotes translocation of the AC domain across cell membrane. AC translocation into cells was inhibited upon raft disruption by cholesterol depletion, or when CyaA mobilization into rafts was blocked by inhibition of talin processing. Furthermore, CyaA mutants unable to mobilize calcium into cells failed to relocate into lipid rafts, and failed to translocate the AC domain across cell membrane, unless rescued by Ca2+ influx promoted in trans by ionomycin or another CyaA protein. Hence, by mobilizing calcium ions into phagocytes, the ‘translocation intermediate’ promotes toxin piggybacking on integrin into lipid rafts and enables AC enzyme delivery into host cytosol

Assessment of droplet digital polymerase chain reaction for measuring BCR-ABL1 in chronic myeloid leukaemia in an international interlaboratory study

Measurement of BCR activator of RhoGEF and GTPase -ABL proto-oncogene 1, non-receptor tyrosine kinase (BCR-ABL1) mRNA levels by reverse transcription quantitative polymerase chain reaction (RTqPCR) has been critical to treatment protocols and clinical trials in chronic myeloid leukaemia; however, interlaboratory variation remains a significant issue. Reverse transcriptase droplet digital PCR (RTddPCR) has shown potential to improve testing but a large-scale interlaboratory study is required to definitively establish this. In the present study, 10 BCR-ABL1-positive samples with levels ranging from molecular response (MR)1·0–MR5·0 were tested by 23 laboratories using RTddPCR with the QXDX BCR-ABL %IS kit. A subset of participants tested the samples using RTqPCR. All 23 participants using RTddPCR detected BCR-ABL1 in all samples to MR4·0. Detection rates for deep-response samples were 95·7% at MR4·5, 78·3% at MR4·7 and 87·0% at MR5·0. Interlaboratory coefficient of variation was indirectly proportional to BCR-ABL1 level ranging from 29·3% to 69·0%. Linearity ranged from 0·9330 to 1·000 (average 0·9936). When results were compared for the 11 participants who performed both RTddPCR and RTqPCR, RTddPCR showed a similar limit of detection to RTqPCR with reduced interlaboratory variation and better assay linearity. The ability to detect deep responses with RTddPCR, matched with an improved linearity and reduced interlaboratory variation will allow improved patient management, and is of particular importance for future clinical trials focussed on achieving and maintaining treatment-free remission

From sociolinguistic variation to socially strategic stylisation

This article investigates the indexical relation between language, interactional stance and social class. Quantitative sociolinguistic analysis of a linguistic variable (the first person possessive singular) is combined with micro-ethnographic analysis of the way one particular variant, possessive ‘me’ (e.g. Me pencil’s up me jumper), is used by speakers in interaction. The aim of this analysis is to explore: (1) how possessive ‘me’ is implicated in the construction and management of local identities and relationships, and (2) how macro-social categories, such as social class, relate to language choice. The data for this analysis comes from an ethnographic study of the language practices of 9- to 10-year-old children in two socially-differentiated primary schools in north-east England. A secondary aim of the article is to spotlight the sociolinguistic sophistication of these young children, in particular, the working-class participants, who challenge the notion that the speech of working-class children is in any way ‘impoverished’