Reining In Discovery Costs Through Predictive Coding Programs by Schnader Harrison Segal & Lewis LLP on 5/22/2012 It’s no secret that discovery in litigation can be extremely — sometimes prohibitively — expensive. A recent study of electronic discovery costs shows that the total cost of production could range from $17,000 to $27 million,...more
Courts Open Door to Computer-Assisted Document Review by Patterson Belknap Webb & Tyler LLP on 5/8/2012 Judge Andrew Carter of the Southern District of New York recently adopted Magistrate Judge Andrew Peck's first-of-its-kind decision approving and encouraging the use of computer-assisted document review. Da Silva Moore v....more
The Roger Clemens Perjury Trial: Document Gaffe Highlights Importance of PDF Filings by Cullen and Dykman LLP on 5/7/2012 This week marks the third week of the Roger Clemens perjury trial in the United States District Court for the District of Columbia. Recent events have provided a stark lesson in litigation practice and procedure for both...more
Predictive Coding Gets A Chance by Dechert LLP on 5/3/2012 Bexis attended the annual spring meeting last week. PLAC meetings are almost always good for at least one blog post. This is it. In the high-tech morass that is ediscovery, parties have tried various ways to do...more
IP Update, Vol. 15, No. 4, April 2012 by McDermott Will & Emery on 4/30/2012 In This Issue: - Patents *Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 *To Quote Mark Twain, “Reports of My (Inequitable Conduct) Death Have Been Greatly...more
Are Litigation Hold Letters Discoverable? by Cullen and Dykman LLP on 4/30/2012 To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted...more
New Precedents Issued on Predictive Coding by Reed Smith on 4/30/2012 On April 25, 2012, United States District Judge Andrew Carter upheld Judge Peck’s February 2012 rulings in Da Silva Moore v. Publicis Groupe, specifically in regard to the use of predictive coding. Judge Peck’s February 24,...more
E.D.N.Y. Rules on Firm’s Ethical and Legal Obligations to Preserve Former Client’s Emails by Cullen and Dykman LLP on 4/20/2012 Last month, the Eastern District of New York ruled on the ethical and legal obligations of a firm to preserve their former client’s emails in Federal Deposit Ins. Corp. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26,...more
Plaintiffs in Da Silva Moore Request Judge Peck’s Recusal by Cullen and Dykman LLP on 4/18/2012 On February 23, 2012, we wrote a blog post in regards to Judge Peck’s decision in Da Silva Moore, which ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding. After the order was...more
Recoverability of e-Discovery Costs in Federal Court: An Update by Snell & Wilmer L.L.P. on 4/18/2012 Last summer, we discussed the split of authority regarding the recoverability of e-discovery costs by a prevailing party in federal court under 28 U.S.C. § 1920. Generally, a court may award “[f]ees for exemplification and...more
Failure to Act Promptly in Rectifying an Inadvertent Disclosure May Waive Privilege by Cullen and Dykman LLP on 4/16/2012 The Plaintiffs in this action are Assistant Store Managers who are pursuing a collective action under the Fair Labor Standards Act (“FLSA”) for overtime wages against Duane Reade, Inc. and Duane Reade Holdings, Inc. (“Duane...more
Computer Assisted Review: Technology to Help Navigate the Murky Waters of E-Discovery by Sedgwick LLP on 4/3/2012 It has long been recognized that an overwhelming majority of documents produced in complex litigations inevitably come from electronic sources. With today's infinite volumes of electronically stored information (ESI)...more
Third Circuit Court of Appeals Limits Electronic Discovery Costs That Can Be Awarded to Prevailing Party by Katten Muchin Rosenman LLP on 4/3/2012 The U.S. Court of Appeals for the Third Circuit recently addressed the question of whether production costs related to electronically stored information (ESI) are assessable to a losing party under the applicable federal...more
Corporate and Financial Weekly Digest - March 30, 2012 by Katten Muchin Rosenman LLP on 4/2/2012 In this issue; - CFTC Approves Final Rule on Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management - Third Circuit Court of Appeals Limits Electronic Discovery Costs...more
Updates by Dechert LLP on 3/26/2012 Here are a few updates to some of our previous posts. First, we posted about In re Aspartame Antitrust Litigation, ___ F. Supp.2d ___, 2011 WL 4793239 (E.D. Pa. Oct. 5, 2011), as we considered the case a promising...more