Electronic Discovery Updates

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Patent Owner Allowed to Request Discovery about Petitioner’s Testing

In Seoul Semiconductor Co., Ltd. v. Enplas Corporation, IPR2014-00605, Paper 13 (October 16, 2014), the Board authorized the Patent Owner to move for additional discovery about testing that Petitioner conducted. ...more

The Decade of Discovery: Coming Soon to a City Near You

Traversing the infamous Hollywood Walk of Fame elicits visions of glitz and glamour, a street afire with opening nights, leading ladies and leading men, iconic directors and prolific producers, and films that place marked key...more

Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in...more

Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never) -- Some Clarity from the Appellate Courts

In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to...more

Quasi Anton Piller Orders – Ho v Fordyce

In the recent judgment of Ho v Fordyce (ex parte) [2014] NSWSC 1404, the plaintiffs were granted relief similar to an Anton Piller order; namely, orders for access to and the making of copies of material on the defendant’s...more

Status Updates - October 2014 #6

..Buy local. Facebook has just announced that it’s going to provide hyper-local advertising services for merchants who want to reach consumers in very specific geographic areas. This new feature reportedly will allow a...more

Cybersecurity Litigation Monthly Newsletter

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more

Data Privacy: The Next Frontier of Corporate Compliance [Video]

Companies are collecting more and more personal data. With that collection is an increased responsibility and the potential for more government regulation. Attorneys Rick Martinez and Seth Northrop discuss the changes that...more

Court Denies Motion to Compel Deposition Testimony on Overly Broad 30(b)(6) Topics and on "Contention" Topics

In this patent infringement action brought by Trustees of Boston University ("BU"), BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which centers on light emitting diodes ("LEDs") and the...more

Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary...more

Predictive Coding Sanctioned as an "Expedited and Efficient" Discovery Method by the United States Tax Court

The volume of electronically stored information (“ESI”) has exploded, often making discovery prohibitively expensive. Supporters of “predictive coding” champion it as a way to reduce significantly the cost of discovery....more

Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their...more

Part III – FRCP Amendments: The Long and Winding Road

Where We Are Now - On September 16, 2014, the Judicial Conference officially approved the proposed amendments to the Federal Rules of Civil Procedure. The rules are now pending before the Supreme Court, and provided...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

One Hurdle Remains for the Proposed Amendments to the Federal Rules of Civil Procedure

On September 16, 2014, the Judicial Conference Committee on Rules of Practice and Procedure approved the proposed slate of amendments to the Federal Rules of Civil Procedure. The proposed amendments include changes to two...more

September 2014: Trial Practice Update

Amendments to the Federal Rules of Evidence on Hearsay Issues. The federal hearsay rules will undergo amendments later this year to (1) expand the scope of prior consistent statements such that they can be admitted as...more

Tread Lightly: eDiscovery Greed May Leave You With None At All

On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26. Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to...more

National Highway Traffic Safety Administration Considers Privacy Implications for New Vehicle-to-Vehicle Technology

The Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced in 2014 that it would begin steps toward implementing vehicle-to-vehicle (“V2V”) technology with an aim toward decreasing...more

Parties’ Joint Stipulation Frustrates Defendants and Allows Plaintiffs to Not Produce Native Files (California)

Melian Labs, Inc. v. Triology LLC, No. 13-cv-04791-SBA, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal. Sept. 4, 2014). In this trademark dispute, the plaintiff sought a declaratory judgment that its website did not infringe...more

Technology-Assisted Review Is Not an “Unproven Technology”

During discovery in Dynamo Holdings Limited Partnership, Petitioner v. Commissioner of Internal Revenue, the IRS filed a motion to compel two taxpayers to produce two backup storage tapes, copies of the tapes, or their...more

Court Allows Use of Predictive Coding, but Says It Shouldn’t Have To (Texas)

Dynamo Holdings v. Comm’r, Nos. 2685-11, 8393-12, 2014 U.S. Tax Ct. LEXIS 40 (U.S. Tax Sept. 17, 2014). In this tax law case, the defendant requested the plaintiff produce two backup storage tapes. The plaintiff...more

Focus on Tax Controversy - Fall 2014

Supreme Court to Hear Tax Injunction Act Case - On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction Act (TIA) prohibited...more

Shoddy Mobile Device Use Policy and Failure to Institute Litigation Hold Leads to Default Judgment and Hefty Sanctions (Nevada)

Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014). In this employment law dispute, the court appointed a special master to resolve discovery issues....more

"Cost-Efficient Alternatives for Document Production Gaining Traction"

Tax controversies often involve voluminous document production and extensive privilege logs from multiple parties. The privilege issues can be complex and involve advice from multiple advisers potentially covering several...more

Judge Issues Sua Sponte Order Chastising Modern Ediscovery Practices (Iowa)

Sec. Nat’l Bank of Sioux City, Iowa v. Abbot Laboratories, No. C 11-4017-MWB, 2014 WL 3704277 (N.D. Iowa July 28, 2014). In this product liability case, the court filed a sua sponte order on the “serious pattern of...more

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