Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
News & Analysis as of

E-Discovery- Bring Back the Boxes

It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more

C Stands for Cake and Client

A recent New Jersey Law Journal article by John R. Kirk discusses what Apple can teach law firms about engaging with clients. According to Kirk, it’s all about asking customers the right questions. A similar question can be...more

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

SCOTUS Approves Proposed FRCP Amendments

On April 29, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took another step forward in the process. In a letter to U.S. Senate and House of Representatives leadership, Chief Justice John Roberts submitted...more

Popular E-Discovery Reads on JD Supra: Predictive Coding, Social Media, Internet of Things...

A reading recap of the most well-read Electronic Discovery updates on JD Supra this month. E-discovery at the intersection of social media, BYOD, the Internet of Things, and more...more

Court Untangles Dispute over Production Format, Orders Reasonably Usable Form (California)

Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015). In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued...more

New Technologies Test the Limits of the Duty to Preserve, Collect and Produce Information in Civil Discovery

While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more

Court Allows Deposition of Computer Forensics Specialist to Aid in Discovery (Florida)

Procaps S.A. v. Patheon Inc., 2015 WL 1880346 (S.D. Fla. Apr. 24, 2015). The plaintiff failed to place a litigation hold on its documents which resulted in an inadequate search for responsive information in discovery....more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

Court Extends Proportionality Principle to Duty to Preserve

In Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR (N.D. Cal. Oct. 29, 2014), United State Magistrate Judge Donna M. Ryu granted the plaintiff’s motion for permission to no longer preserve computer...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Green vs. Blue Bubbles: A Thought on Thorough e-Discovery

If you own an iPhone, take a look at your most recent text messaging threads. Are the words contained in a blue or a green speech balloon? A blue speech balloon indicates that the communication was sent via Apple’s...more

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

Treading Beyond the Iota of Fear: eDiscovery of the Internet of Things

First came the Industrial Revolution. Then the Internet Revolution. And today we have made a firm step into the dawn of a third revolution called the ‘‘Internet of Things’’ or ‘‘IoT.’’ Or at least this is how IoT’s arrival...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more

It’s 10:00 PM Somewhere. Do You Know Where Your Data Is?

For American companies doing business abroad, it is time—past time, in fact—to consider how and where you are storing your data. If you answered “in the cloud,” you need to do some probing, stat. ...more

Spotlight on Electronic Discovery: Challenges Presented by the Internet of Things

E-discovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed –...more

“Predictive Coding” and Litigation

Recently, PK Law’s newsletter contained a piece on the use of electronic means to effect service of process. The topic found its way into the national press which captured the decision of a judge to permit service on a...more

Court Seeks Clarity and Cooperation in Technology-Assisted Review

Three years ago, Judge Andrew J. Peck became the first judge to officially condone the use of computer-assisted review in electronic discovery in his seminal case Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182, 193...more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

E-Discovery and Information Management: Courts Continue to Endorse Technology Assisted Review To Control Rising Costs of...

The rapid pace of technological development, particularly in the area of data storage, has created significant burdens on all businesses, large and small. In litigation, the cost of locating relevant Electronically-Stored...more

The Ever-Expanding Scope of Social Media Discovery [Video]

Social media discovery is now commonplace within civil litigation, with Facebook continuing to be a primary source of potentially-discoverable information. As technology continues to advance, though, the judicial system is...more

Trends in Litigation Support Outsourcing

The rising costs of legal services, continuing growth of Big Data, and budget pressures have popularized legal process outsourcing over the last two decades. This can take the form of outsourcing back office functions such as...more

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