Electronic Discovery Updates

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

May The Force be with You: Binding the E-Discovery Process Together

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

How to Get Your Law Firm’s Feet Wet with Technology-Assisted Review

Your client wants to start using technology assisted review (TAR) on a new case… fantastic! So now what? There’s been a lot of discussion since the seminal 2012 Da Silva Moore v. Publicis Groupe SA case regarding...more

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

2015 saw continued interest by the Delaware courts in various aspects of eDiscovery. The courts dealt with broad issues, such as spoliation and general discovery misconduct, while also focusing on narrower issues, such as...more

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Senate Passes First Comprehensive, Bipartisan Energy Bill Since 2007

By a vote of 85-12, the Senate passed a sweeping bipartisan energy bill, S.2012 – the Energy Policy Modernization Act of 2016, last Wednesday. The bill’s passage marks the first time in almost a decade since the Senate has...more

Handy-Dandy Checklist for Admissibility of Electronic Evidence

For years we’ve advocated about ediscovery for defendants – consisting mostly of material gathered from a plaintiff’s social media postings. OK, so let’s assume some degree of success. Defense-side ediscovery has generated...more

Managed Services: eDiscovery That Tastes Great and Is Less Filling

In the 1970s, one brewer introduced its brand of light beer, and a classic debate: “tastes great” vs. “less filling.” The idea behind the campaign was that the beverage was “everything you always wanted in a beer. And...more

Discovery - Oppenheimer’s Half Life Has Long Been Exceeded

As we’ve discussed previously, and as the legal profession is by now well aware, the discovery provisions of the Federal Rules of Civil Procedure were significantly amended effective December 1, 2015. One of the foundational...more

Court Approves Use Of Predictive Coding In Large Disclosure Exercise

In Pyrrho Investments Ltd & ors v MWB Property Ltd & ors [2016] EWHC 256 (Ch) a Chancery Master has approved the use of “predictive coding” in a large disclosure process involving millions of electronically stored documents....more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when...more

Failure to Stop Automatic Deletion of Text Messages Does Not Merit Sanctions (Florida)

Living Color Enters., Inc. v. New Era Aquaculture, Ltd., 2016 WL 1105297 (S.D. Fla. Mar. 22, 2016) - In this case, the plaintiff motioned for sanctions against the defendant for the deletion of text messages. The...more

Big Changes With LIttle Fanfare: The FHWA Proposes to Use GHG Emissions as a Performance Measure

This week, the Federal Highway Administration issued a Noticed of Proposed Rulemaking to promulgate performance measures to be used in evaluating federal funding of transportation projects. The requirement for performance...more

Court Denies Plaintiffs’ Motion to Compel the Production of Documents from Defendant’s Overseas Manufacturer (Connecticut)

Grayson v. Gen. Elec. Co., 2016 WL 1275027 (D. Conn. Apr. 1, 2016) - In this putative class action, the plaintiffs sought to compel the defendant to produce certain discovery from its overseas manufacturer and the...more

Court Compels Production of Database for Forensic Metadata Analysis (Utah)

Thorne Research v. Atlantic Pro-Nutrients, 2016 WL 1122863 (D. Utah Mar. 22, 2016) - In this patent infringement suit, the defendant filed a motion to compel, seeking a copy of a database that the plaintiffs’ inventor...more

Administrative Determinations by the Supreme Court on the Report and Recommendations of the Working Group on Ethical Issues...

Last week, the New Jersey Supreme Court accepted the recommendation of a task force it established to study whether New Jersey’s civil discovery and ethics rules should take account of “metadata” in electronically-transmitted...more

Case and Sanctions Dismissed in Light of New Evidence (New York)

CAT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (S.D.N.Y. Apr. 4, 2016) - In this trademark infringement case, the parties stipulated to dismissal, with prejudice, of all remaining claims in the case. Previously, the...more

Claims of Lightning Strike and Power Surge Fail to Protect Against Sanctions (California)

InternMatch v. Nxtbigthing, 2016 WL 491483 (N.D. Cal. Feb. 8, 2016) - In this trademark infringement case, the plaintiff brought terminating sanctions against the defendants, accusing the defendants of intentionally...more

Friday Funnies: Exterro's E-Discovery and IG Comics and Memes Page

We here at Exterro love E-Discovery! But it helps to have a sense of humor. That's why we created our E-Discovery and Information Governance Memes and Cartoons Series. And now you can go back and relive the magic...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Preservation of ESI Under Rule 37(e)

In the short amount of time since the amendment to Rule 37(e) of the Federal Rules of Civil Procedure, courts have confronted the task of applying the parameters of this newly revised Rule. Importantly, in contrast to the...more

Will Texas Stay Moderate When it Comes to e-Discovery?

With the onslaught of nonstop news concerning the forthcoming presidential election, and the extreme positions the various camps frequently take, moderation and reasonableness, especially in Texas, seems to be on the wane....more

Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

All about the Benjamin: Leveraging Technology for E-Discovery Process Optimization

Benjamin Franklin was an early adopter when it comes to process optimization. In his autobiography, he says of Order: “Let all your things have their places; let each part of your business have its time." He then goes on to...more

1,964 Results
|
View per page
Page: of 79

Follow Electronic Discovery Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×