Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
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As we’ve discussed multiple times, the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire...more
As a plaintiff, you often roam a long and weary road before you achieve your ultimate litigation goal: a judgment against a defendant. Now that you have your prize, what do you do with it? With any luck, the defendant...more
It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more
In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more
Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more
Since the arrival of e-discovery in the mid-1990s, the cost of collecting, copying, reviewing, sorting, processing and producing electronically stored information (“ESI”) has grown exponentially. In 2007, for example,...more
Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more
Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more
In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC,...more
In This Issue: Can Predictive Coding Relieve The Burdens Of Electronic Discovery? and Seeking a Preliminary Injunction? Don’t Forget to Post a Bond Excerpt from Can Predictive Coding Relieve The Burdens Of...more
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
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
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
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
A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil...more
The costs of electronic discovery have traditionally been borne by the producing party. Even a defendant found free of liability could still be stuck with the bill for these costs. But a growing number of court decisions...more
Civil Litigators are well aware that there is an increasing trend in Social Media Discovery litigation in the Pennsylvania courts (and nationwide). Insurance defense counsel Daniel E. Cummins of the Scranton law firm of...more
In this issue: Ascentive, LLC v. Opinion Corp., 2011 WL 6181452 (E.D.N.Y. Dec. 13, 2011); L.F.P. IP, Inc. v. Hustler Cincinnati, Inc., 2011 WL 5024356 (S.D. Ohio Oct. 20, 2011); Marketquest Group, Inc. v. BIC Corp., 2011 WL...more
Following on the heels of Race Tires II,[1] which awarded electronic discovery costs in favor of the prevailing party, several recent awards suggest that when deciding whether to pursue litigation, parties should take into...more
Last August we posted about a notable clerk’s order in the Eastern District of Pennsylvania that taxed, as costs, several hundred thousand dollar’s worth of e-discovery expenses against the losing party in an antitrust...more
In this issue: * Decoding E-Discovery: 7 Things to Know about E-Discovery * Second Circuit Affirms the Grant of a Preliminary Injunction on Non-Compete Agreement * Rules of the New York Court of Appeals for the...more
The U.S. District Court for the Western District of Washington imposed monetary sanctions on plaintiff Play Visions, Inc. and its counsel for failure to search for documents in a timely fashion, delayed and inadequate...more
To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment? Federal Rule of Civil Procedure 54(d) gives the prevailing party the right to recover costs where...more
Ever worry that what you do on a social networking site could be used against you in a court of law? While no one is recommending that Facebook provide users with its own version of the Miranda rights, two Bar Associations...more
In a decision likely to be one of this year's definitive rulings regarding preservation and spoliation of electronically stored information (ESI), on September 9, 2010, Chief U.S. Magistrate Judge Paul Grimm of the U.S....more
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