Civil Remedies › Electronic Discovery

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

Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Costs

You've undoubtedly prevailed in a federal case -- either at summary judgment or after a trial -- and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. And recently, your client,...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

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...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

NEW JERSEY CHANCERY DIVISION DECISION PROVIDES TEXTBOOK EXAMPLE OF HOW NOT TO PART WAYS WITH AN EMPLOYER AND START YOUR OWN...

In my prior blogs I’ve addressed the legal remedies available to employers when employees violate confidentiality agreements or restrictive covenants, and unfairly compete. A new opinion by Judge Frederic Kessler, P.J. Ch....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

Do Public Records Have to be Readable to be Subject to Release under OPRA?

Do Public Records Have to be Readable to be Subject to Release under OPRA? by Sheri Siegelbaum on August 24, 2012 The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent...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

Third Circuit Court of Appeals Limits Electronic Discovery Costs That Can Be Awarded to Prevailing Party

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

Loser Pays Most Electronic Discovery Costs? Not So Fast

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

Recovery of E-discovery Costs

Costs associated with e-discovery can be enormous. That’s not news. What is news is the courts' increased willingness to award a prevailing party e-discovery costs under 28 USC §1920(4). The statute had been limited to...more

Recovery of E-Discovery Costs: A Vital Consideration from Beginning to End

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

John Doe v. U.S. Direct Ins. Co.

Motion and Brief in Support of Motion to Compel Discovery of Plaintiff's Facebook Login Information

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

Incontestable - December 2011/January 2012

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

Be Careful What You Ask for: Loser Pays Prevailing Party Electronic Discovery Costs (Again)

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

A new landscape for competition enforcement: new challenges via e-discovery?

By Athina Kontosakou, Consulting Attorney 18 October 2011 – Almost a month before the adoption of a package of measures improving the system of competition enforcement in Europe, we attended the 15th Annual Competition...more