Civil Procedure Electronic Discovery

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E-Discovery — If not transparency, how about translucency?

Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more

E-Discovery Update: “Discovery on Discovery”

As discovery has evolved into an electronic undertaking, large corporations increasingly find themselves defending their efforts to comply with the discovery requests of skeptical opposing counsel. ...more

E-Discovery and Information Management: New Email Retention Policy for New York State Heightens the Need to Timely Serve...

According to recent media reports, New York State has now implemented the 90-day email retention policy that was previously announced by the Cuomo Administration in June 2013. The reports indicate that various state agencies’...more

Pure Speculation is Not Enough for Sanctions (Florida)

Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015). In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more

Court Refuses to Impose Sanctions Where No Duty Exists (Kansas)

Ballai v. Kiewit Power Constructors, 2015 WL 423795 (Ks. Ct. App. Jan. 23, 2015). In this employment law case, the plaintiff sought sanctions after the defendants recycled a laptop computer that the plaintiff had used...more

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Court Denies Motions To Compel Production Of Documents Unrelated To Reinsurance Policies At Issue In Action

The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more

Court Attempts to Strike Balance in Scope of Discovery (Minnesota)

Webb v. Ethicon Endo-Surgery, 2015 WL 317215 (D. Minn. Jan. 26, 2015). In this products liability case, both parties objected to the magistrate judge’s orders and disputed the appropriate scope of discovery. The...more

Illinois Supreme Court Debates Anonymity of Internet Poster

In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to...more

Proportionality Depends on Parties Cooperating (Washington)

Johnson v. Allstate Property and Cas. Ins. Co., 2014 WL 7377198 (W.D. Wash. Dec. 29, 2014). In this insurance case, the plaintiffs made a motion to compel the search of 34 employee computers under the control of the...more

Rare Guidance on the Duty to Supplement Interrogatory Responses

One of the many things young lawyers are taught when preparing written responses to discovery is to reserve the right to supplement or amend the responses at a later date. Originally published in the Delaware Business...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

The Top Ten eDiscovery Developments of 2014 in the Mountain West and California

Over the past year, bar associations and courts throughout the country found themselves addressing more and more issues related to electronic discovery. The states where Lewis Roca Rothgerber has offices were no exception to...more

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

Rule 23 Study Agenda – Merits Inquiry

The Advisory Committee has signaled that the merits inquiry is a “back burner” issue for the next Rule 23 amendments. Perhaps they should nudge it towards the front....more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

The Court of Chancery continued to focus on eDiscovery throughout 2014. During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the...more

China Auditor Update: SEC and Chinese Audit Firms "Settle" for the Status Quo

In an Order of Settlement released February 6, 2015, the SEC agreed to stay the administrative action against the Chinese affiliates of the “Big Four” accounting firms for refusing to turn over their audit work papers...more

Expanded Disclosure Remedies for Claimants in International Cases Heard in England?

A valuable remedy open to a party in English civil proceedings is to seek a Norwich Pharmacal order. Such orders require a respondent to disclose certain information or documents to the applicant. The respondent party need...more

Court Imposes “New and Simpler Approach to Discovery,” Orders Search Terms (New York)

Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014). In this patent case, the plaintiff claimed that the defendants breached their license agreement. The defendants had previously filed a motion to...more

Proposed Florida Advisory Opinion Would Allow Attorneys to Advise Clients to Clean Up Social Media before Litigation Starts

On January 23, 2015, the Professional Ethics Committee of the Florida Bar issued Proposed Advisory Opinion 14-1, in which the Committee found that “a lawyer may advise the client pre-litigation to remove information from a...more

2014 E-Discovery Year in Review

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

Failure to Produce Social Media Data Leads to Heavy Sanctions (Virginia)

Federico v. Lincoln Military Hous., 2014 WL 7447937 (E.D. Va. Dec. 31, 2014). In this tort action, the plaintiffs sought to recover damages allegedly caused by harmful mold in a military housing complex. The plaintiffs...more

Planning for E-Discovery

Federal courts in California have developed new rules and guidelines. The rules of civil procedure are supposed to be "construed and administered to secure the just, speedy, and inexpensive determination of every action...more

Gross Negligence in Destruction of Attorney Computer Leads to Adverse Inference Sanction (New York)

Dorchester Fin. Holdings Corp. v. Banco BRJ S.A., 2014 WL 7051380 (S.D.N.Y. Dec. 15, 2014). In this contract case, the plaintiff alleged a contract with the defendant, who disputed the authenticity of the contract and...more

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