Electronic Discovery Updates

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

Court Finds Marginal Relevance Not Enough to Compel Continued Discovery (Arizona)

Miller v. York Risk Servs. Grp., 2015 WL 3490031 (D. Ariz. June 3, 2015). In this worker’s compensation case, the plaintiffs moved to compel the defendant to produce Independent Medical Examination (IME) reports,...more

Failure to Comply After Meet and Confer Results in Expensive Costs for Reproduction (California)

Themis Bar Review, LLC v. Kaplan, Inc., WL 3397877 (S.D. Cal. May 26, 2015). The defendant served the plaintiff a request for production, seeking documents related to the plaintiff’s pass rate advertising and data...more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

Court Finds Good Faith Submission of Costs in Accordance with Rule 54 (North Dakota)

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 2251257 (N.D. Cal. May 13, 2015). In this trademark infringement case, two manufacturers of electronic fitness tracking devices disagreed over the bill of costs submitted by the...more

How to Keep Review Moving Along While the Sun Shines

Complying with deadlines in data-intensive discovery and regulatory matters is challenging enough, but when your timeframe and budget is also limited, it can be entirely challenging to identify, collect, review, and produce...more

Creating a Consistent E-Discovery Preservation Hold Process

Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more

Gone, But Not Forgotten – A Deactivated Facebook Account Can Be Discoverable

Courts have long grappled with social media in a legal context. The struggle to understand social media issues — and to craft coherent applicable legal policy — renders Crowe v. Marquette Transportation Co. Gulf-Inland, LLC...more

Court Affirms that Discovery Standard is Reasonableness, Not Perfection (Nebraska)

Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015). In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a...more

Court Orders Cost Sharing in ESI Conversion (Virginia)

Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 WL 1417058 (W.D. Va. Mar. 27, 2015). In this breach of contract case, the parties disagreed in regards to the amount stated by the defendant in the bill of costs, filed under...more

Insurance Recovery Law - June 2015 #3

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

Data Security Breach Documents Sought in Home Depot Books-and-Records Suit

Home Depot was recently hit with a books-and-records suit in the Delaware Court of Chancery, Frohman v. Home Depot, which seeks documents relating to the giant retailer’s data security breach last September. The plaintiff, a...more

What You Need to Know: The Most Recent FRCP Amendments Anlayzed

The Judicial Conference of the United States recently forwarded proposed amendments to the Federal Rules of Civil Procedure to the United States Supreme Court for its review following a years long process that began in 2010. ...more

E-Discovery Down Under

In Crocodile Dundee, a teenager approaches Michael “Mick” Dundee on the streets of New York, seemingly to ask for a light. As Mick complies, the kid pulls out a switchblade and demands his wallet. Though his date suggests...more

E-Discovery Metrics: Measuring to Predict

Metrics. The word alone sends chills down the spine of most attorneys. But metrics – defined as a standard for measuring something usually with figures or statistics – are often the best way to get to the heart of the most...more

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

Texas Legislature Passes Two Bills Impacting Personal Injury or Wrongful Death Litigation

Companies at risk of personal injury or wrongful death litigation in Texas should take note of two bills recently passed by the 84th Texas Legislature, HB 1692 and SB 735. HB 1692 HB 1692 is intended to curb the practice...more

The Detective On Your Wrist And In Your Phone

Love that fitness app you downloaded to your smartphone? Like the idea of having an Apple Watch, Fitbit or some other mobile device helping you stay in shape? There’s certainly nothing wrong with any of these devices...more

Amendments to Federal Rules of Civil Procedure: Is the Discovery Problem Solved?

Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect...more

How Tech Savvy Is Your Firm?

The times they are a changin’. A new survey, “BTI Brand Elite 2015: Client Perceptions of the Best-Branded Law Firms,” of 700 Fortune 1000 corporate counsel reveals that more law firms are turning to technology “as a source...more

Sanctions Motion Is Granted In Part For Counsel’s Mistatements

Stark, C. J. Plaintiffs’ motion for sanctions for discovery misconduct, spoliation, and violation of the court’s September 18 order is granted in part and denied in part. Oral argument took place on July 22, 2014. ...more

Procaps, Carlton Fields Getting Thoroughly Embarrassed in Antitrust Litigation vs. Patheon, Morgan Lewis

Anybody who litigates antitrust cases should pay attention to Procaps v. Patheon, currently pending in the Southern District of Florida. It’s a debacle. Procaps is getting crushed. Morgan Lewis is running circles around...more

What Does the UK's New Conservative Government and New Secretary of State for Energy and Climate Change Mean for the UK's Energy...

Introduction - On 8 May 2015 David Cameron's Conservatives won an unexpected majority in the House of Commons, bringing an end to the Conservative-Liberal Democrat Coalition that had been in power since 2010. The Liberal...more

Practical Strategies to Reduce the Risks and Costs of E-Discovery

As one federal court insightfully pointed out in a recent opinion, “litigations are fought and won with information.” But for an increasing number of companies, litigations are all too often lost with information as well,...more

At the Intersection of Technology and Law: Recent High Court Rulings Related to Social Media.

Once Again at the Intersection of Technology and Law: Maryland’s Court of Appeals Elaborates on Authentication of Documents Related to Social Media. “The rapid rise of social networking websites, themselves a branch...more

Assuring Regulatory Compliance Doesn’t Get Lost in Translation

In The Hitchhiker’s Guide to the Galaxy, hapless Earthling Arthur Dent jams a Babel fish in his ear that gives him the ability to instantly understand anything in any language around the universe. If only global e-discovery...more

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