Civil Remedies Civil Procedure Electronic Discovery

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Court Imposes Sanctions for Manipulation of Metadata ( Texas)

T & E Inv. v. Faulkner, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014). In this case, the plaintiffs sought sanctions for the defendant allegedly manipulating metadata to try to conceal the use of an unproduced computer. The...more

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more

E-Discovery Costs Related Specifically to Production Recoverable - CBT Flint Partners, LLC v. Return Path, Inc.

Applying U.S. Court of Appeals for the Eleventh Circuit law and addressing whether e-discovery costs are recoverable under 28 U.S.C. § 1920(4), the U.S. Court of Appeals for the Federal Circuit reversed in part, vacated in...more

On Appeal, Federal Circuit Slashes Ediscovery Costs in Taxation Award (Federal Circuit)

CBT Flint Partners, LLC v. Return Path, Inc., 737 F.3d 1320 (Fed. Cir. 2013). This ongoing discovery dispute stems from an order from the Court of Appeals for the Federal Circuit that reversed and remanded a district...more

Court of Appeals Dismisses Plaintiffs for Failure to Preserve and Increases Defendant’s Taxable Costs (5th Circuit)

Moore v. Citgo Co., LP, 735 F.3d 309 (5th Cir. 2013). In this appellate Fair Labor Standards Act litigation, the class of plaintiffs sought overtime pay for work hours that had been misclassified by the defendant...more

BakerHostetler Patent Watch CBT Flint Partners, LLC v. Return Path, Inc.

On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more

Top 5 Ediscovery Case Summaries - December 2013: Idaho: Court Orders Seizure of Hard Drive to Preserve Self-Identified Hacker’s...

Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013). In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more

Circuit Split Exists Regarding Costs Of E-Discovery Under 28 U.S.C. § 1920(4)

Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents....more

Electronic Discovery Costs and Requests for Cost-Shifting

A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery...more

Beyond Dispute - June 2013: A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the...

To date, courts within New York have not been in agreement as to who bears the costs of producing electronically stored information (“ESI”). New York, however, may soon adopt the test federal courts have used for over a...more

Top 5 Ediscovery Case Summaries – July 2013: California - Spoliation Sanctions Levied Against Damages Awarded in Rambus Case

SK Hynix Inc. v. Rambus, Inc., 2013 WL 1915865 (N.D. Cal. May 8, 2013). In this complex set of patent-infringement cases, the plaintiffs sought spoliation sanctions against the defendant—who prevailed in the underlying...more

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

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

Top 5 Ediscovery Case Summaries – April 2013: Virginia - Insufficiently Detailed “Image Processing” Not Included in Taxable Costs

Taylor v. Mitre Corp., 2013 WL 588763 (E.D. Va. Feb. 13, 2013). Following a November 2012 order dismissing Family Medical Leave Act and Americans with Disabilities Act claims for the plaintiff’s “egregious spoliation” in...more

Litigation News -- April 2013

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

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

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

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

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

Computer-Assisted Review Costs Awarded in California Patent Case

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

Shifting the Growing Costs of E-Discovery

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

Sanctioning Spoliation of Evidence

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

Social Media and Discovery: New Technology, but the Old Rules Still Apply

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

Shifting E-Discovery Costs to the Plaintiff in a Potential Class Action: a Pennsylvania Federal Court Tells Plaintiffs' Counsel to...

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

Litigation News -- August 2012

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

IP Update, Vol. 15, No. 4, April 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

Plaintiffs in Da Silva Moore Request Judge Peck’s Recusal

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

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

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