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Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

WARNING: Follow Rules Governing Objections To Discovery Requests Or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of...more

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

by CloudNine on

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series...more

Finding Exceptional EDiscovery Value

by Baker Donelson on

Why are we settling for less than exceptional eDiscovery results? My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery...more

Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law

by CloudNine on

In Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cali., Mar. 31, 2017), after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce...more

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

by CloudNine on

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 4

by Morris James LLP on

This is the fourth in a series of posts summarizing the six most important eDiscovery cases in Delaware in 2015. Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB, Oral Argument on Defendants’ Motion...more

Craig Ball Says That Failure to Preserve Mobile Devices in Litigation is the “M” Word: eDiscovery Best Practices

by CloudNine on

In the latest post in his excellent Ball in Your Court blog, Craig Ball has some strong words for attorneys who fail to advise clients to preserve ESI from mobile devices when under a preservation duty....more

Brunswick Rail Wins Emergency Evidence Protection in Trade Secret Case Against Former Employees

by Zapproved Inc. on

OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence...more

Goodyear Tire & Rubber Co. v. Haeger Reignites Discussions of Federal Courts’ Inherent Authority

In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway speeds. In the 2015...more

Litigators Warned to Update Their "Form File" Objections and Responses to Comply with Rule 34

In Fischer v. Forrest, No. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017), Magistrate Judge Alexander J. Peck issued a "discovery wake-up call" to the bar of the Southern District...more

Plaintiff’s Erasure of iPhone Before Forensic Examination Leads to Recommended Dismissal of Case: eDiscovery Case Law

by CloudNine on

In Coyne v. Los Alamos National Security, LLC et. al., No. 15-0054 (D. N.M., Mar. 21, 2017), New Mexico Magistrate Judge Karen B. Molzen recommended that the court grant the defendants’ motion to dismiss after the plaintiff’s...more

EDiscovery Effectiveness as Measured by the Case Objectives

by Baker Donelson on

How do we keep our focus on the case objectives throughout the eDiscovery cycle? A trial team is focused, first and foremost, on the outcome of the actual litigation. To be valuable, the eDiscovery costs must directly...more

Court Tells Litigants “NO MORE WARNINGS” When It Comes to Boilerplate Discovery Objections: eDiscovery Case Law

by CloudNine on

In Liguria Foods, Inc. v. Griffith Laboratories, Inc., C 14-3041-MWB (N.D. Iowa Mar. 13, 2017), Iowa District Judge Mark W. Bennett declined to sanction the parties for issuing boilerplate objections, but strongly warned them...more

The Sedona Principles Released for Public Comment

by Reed Smith on

For the first time in a decade, The Sedona Conference Working Group on Electronic Document Retention and Production has released a new version of The Sedona Principles for public comment. The Sedona Conference is a 501(c)(3)...more

E-Discovery Lessons from the State Investigation of Alabama Governor Robert Bentley

by Exterro, Inc. on

From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out...more

E-Discovery Update: Seriously, Folks, the Federal Rules Have Changed

by McGuireWoods LLP on

It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new...more

After Metadata Shows Agreement Documents to Be Unreliable, Defendant’s “Hans” are Tied: eDiscovery Case Law

by CloudNine on

In Ensing v. Ensing, et. al., No. 12591 (Del. Court of Chancery, Mar. 6, 2017), Vice Chancellor Slights ruled for the plaintiff in the case and concluding that the defendant “has engaged in blatant violations of court orders...more

Rule 26 and How It Applies to Electronically Stored Information

by Farrell Fritz, P.C. on

Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information (“ESI”) in the context of a legal or...more

Why Lawyers Care About Machine Learning

by Conduent on

Machine learning is everywhere you look, from customer service virtual agents to round-the-clock patient care in hospitals. Lawyers seeking the latest in eDiscovery approaches to find relevant information faster and at...more

UPS avoids undue burden in Solo v. UPS e-discovery case

by Zapproved Inc. on

Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017). The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel,...more

Court Issues Warning To The Bar Regarding Use Of “Boilerplate” Discovery Objections

by Jackson Lewis P.C. on

In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause why they should not be...more

Should Failing to Issue a Litigation Hold Be Considered Intent to Deprive?: eDiscovery Best Practices

by CloudNine on

A lot has been discussed about the most recent changes to the Federal Rules, especially with regard to Rule 37(e) and the requirement of the intent to deprive standard to apply more serious sanctions. But, what activities...more

Energy Insider Interview Series: Questions for NARUC President/PA PUC Commissioner Robert F. Powelson

1. You were elected as President of the National Association of Regulatory Utility Commissioners (NARUC) back in November. What have you established as goals for your term as President and what will NARUC be focusing on in...more

Neste Welcomes Swedish Government’s Support For Renewable Fuels

On March 24, 2017, Neste, a member of BRAG®, announced its approval of draft proposals by the Swedish government regarding mandated reductions in traffic fuel emissions and the continued tax exemption for high-blended...more

What’s Changed and What’s Next for EDRM at Duke: eDiscovery Trends

by CloudNine on

As we’ve discussed, EDRM was recently acquired by Duke Law School’s Center for Judicial Studies. How will this new partnership change EDRM? Yesterday, EDRM and Duke Law conducted a webinar to discuss the future of EDRM at...more

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