Electronic Discovery Updates

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

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

Have More TAR with Your Tea and Crumpets, Please

In February, we wrote about Pyrrho Investments Ltd. v. MWB Property Ltd., a case before the High Court of Justice—Chancery Division, in which the parties had agreed to use technology-assisted review (TAR) as their document...more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

E-Discovery — Are custodial collections none of your business?

The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

DOE Providing $10 Million For Six Projects To Advance Bioenergy Development

On May 16, 2016, the U.S. Department of Energy (DOE) announced that up to $10 million in funding is being given to six projects that are creating innovative solutions to advance bioenergy development. The work will support...more

Ignorance Not Bliss When Destroying Digital Evidence (New York)

NFL Mgmt. Council v. NFL Players Ass’n., 2016 WL 1619883 (2d Cir. Apr. 25, 2016) - In this employment law case (commonly known as “deflategate”), the plaintiff moved for the upholding of an arbitration decision. One of...more

The Great Debate, Part II: Canadian Government Appoints More People to Examine Proposed Trans Mountain Expansion Project

In January 2016, I wrote an article about the commencement of the new federal government’s promised review of its environmental assessment process. Given that the existing process has been an issue that has seriously divided...more

Joe Spinelli on the Kroll-Ethisphere Anti-Bribery & Corruption Report [Video]

In part one of a two-part series, Joe Spinelli, Senior Managing Director at Kroll in the Investigations and Disputes Practice, addresses a number of findings as referenced in the Kroll-Ethisphere “The Year of Global...more

Electronic Data Too Difficult to Assemble? Too Bad. (Missouri)

Labrier v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 61246 (W.D. Mo. May 9, 2016) In this insurance law case, the defendant asked the court to vacate a Special Master’s discovery order. The plaintiff brought this...more

The Taskatron: It Slices and Dices, but will it Optimize Your Legal Process?

We all know what a time saver technology can be. But sometimes, the very thing that's supposed to make our lives easier ends up creating more work than the original task at hand. Often times, Project Management tools can feel...more

You Can’t Delete and You Can’t “Hide” (New York)

Thurmond v. Bowman, 2016 WL 1295957 (W.D.N.Y. Mar. 31, 2016) - In this Fair Housing Act case, the defendants motioned for sanctions against the plaintiff for deleting Facebook posts. The plaintiff argued that the posts...more

The Butterfly Effect: eDiscovery in Government Investigations and Why Small Tweaks May Have Great Impacts

In the context of civil litigation, the rules governing eDiscovery may not be crystal clear (especially in light of the recent amendments to the Federal Rules), but at least there is ample guidance available. Counsel can...more

Court Holds High Bar for Imposing Sanctions under Rule 37(e) (Texas)

Orchestratehr, Inc. v. Trombetta, 2016 WL 1555784 (N.D. Tex. Apr. 18, 2016) - In this case regarding a non-compete agreement, plaintiffs motioned for sanctions against one of the defendants for deleting emails which they...more

Litigants Need to Prove Existence of Missing Data for FRCP 37(e) Sanctions California

FiTeq Inc. v. Venture Corp., 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016) - In this contract law case, the plaintiff moved for sanctions against the defendant for failing to produce emails related to the litigation. Namely,...more

Sustainable Development Update - May 2016

Sustainable Development Focus - Sustainability measures pay off says Morgan Stanley report - The Registry - May 5 - Investors looking for opportunities to potentially increase returns by integrating...more

E-Discovery Update: Proportionality for Lawyers

Proportionality is not limited to Einstein’s equations and banter on The Big Bang Theory. The December 2015 amendments to the Federal Rules of Civil Procedure moved proportionality from Rule 26(b)(2)(C)(iii), which required a...more

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

When the Jet has been Traded for a Bus: Top 5 Biggest Challenges in Managing E-Discovery Activities

In the 1989 movie, Major League, the rag tag (fictionalized) Cleveland Indians are set up to fail by their owner, who wants to lower attendance so she can move the team to Florida. When the losses aren't piling up fast...more

Sanctions Under FED. R. CIV. P. 37(E)

In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition...more

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

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