Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more
As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...more
In high-profile cases in 2001 and 2003, federal courts recognized exceptions to the third-party waiver rule for privileged communications shared with public relations (PR) consultants. Since then, courts have repeatedly been...more
Congress designed federal multidistrict litigation (“MDL”) to “promote the just and efficient conduct” of civil actions pending in different districts. By just about any measure, though, the litigation device has failed to...more
In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the...more
Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more
As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more
12/2/2019
/ Best Practices ,
Bodily Injury ,
Carnival Cruise Lines ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Inherent Authority ,
Litigation Fees & Costs ,
Litigation Strategies ,
Medical Examinations ,
Motion for Sanctions ,
Negligence ,
Record Preservation ,
Spoliation
With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more
9/19/2019
/ Attorney-Client Privilege ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Discovery ,
Electronically Stored Information ,
Forensic Examination ,
Information Governance ,
Information Technology ,
Investigations ,
Litigation Strategies ,
Popular ,
Public Comment ,
Security Risk Assessments ,
Waivers ,
Work-Product Doctrine
Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more
Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena.
Originally published in Law360 - February 12,...more
Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45.
Originally published in Law360 - October 2, 2018. ...more
In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an “ephemeral” messaging app that...more
12/6/2018
/ Department of Justice (DOJ) ,
Digital Communications ,
Discovery ,
Duty to Preserve ,
Electronic Records ,
FCPA Corporate Enforcement Policy (CEP) ,
Mobile Apps ,
Open Meetings Act ,
Public Records ,
State and Local Government ,
Text Messages ,
Voluntary Disclosure ,
White Collar Crimes
Judges presiding over multidistrict litigation can reduce discovery abuse by requiring litigants to pay for “core document” requests and shifting production costs to plaintiffs who cannot meet some threshold showing of...more
Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more
Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more
The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more
Federal courts have broad authority to manage discovery, but when it comes to punishing litigants for discovery violations, their inherent authority is limited by rule and now Supreme Court precedent. Recently, the U.S....more
The Sedona Conference’s recent updates to The Sedona Principles provide important guidance on how parties to litigation should handle e-discovery. In particular, the new edition of the Principles set forth best practices...more
A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more
Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case.
A district court in California recently...more
The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery.
The Sedona Conference — a research and educational...more
The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when...more
The application of Rule 37(e) may limit spoliation litigation to issues relevant to underlying claims and defenses.
A key component in plaintiffs’ playbook when facing a corporate defendant is to attempt to try cases...more
The amended rules aid in controlling the scope of discovery and managing its risks.
Two months have passed since the effective date of the 2015 amendments to the Federal Rules of Civil Procedure, which are applicable to...more