Electronic Discovery Civil Procedure

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Be Our Guest: Exterro Launches “The Simplified E-Discovery Case Law Library”

Libraries are cool. Just look at Sam's enrapt expression on seeing the great library at The Citadel in the season finale of Game of Thrones from this past weekend. And of course, The Citadel's library gives nods to other...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

I am not a Crook: Avoiding the Politics of Data Preservation with a Defensible E-Discovery Process

Of course we've all heard about Hillary's emails, and Trump certainly has email trouble of his own. For a while, Politwoops kept track of mistweets and other online regrets even after they were deleted until Twitter (and...more

ICYMI: Ediscovery in China [Webinar]

The Implications of China’s Regulatory Framework - Unlike the United States, China does not have formal discovery practices in civil litigation, which presents initial contentions between these legal systems on opposite...more

Amended Rules Five Months Later: Early Trends in Case Law and What It Means

The amendments to the Federal Rules of Civil Procedure have been in effect since December. It didn't take long for the courts to cite them with a steady stream of opinions beginning with CAT3, LLC v. Black Lineage and Gilead...more

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery...more

Amended Rules Five Months Later: Early Trends in Case Law and What It Means  [Video]

The amendments to the Federal Rules of Civil Procedure have been in effect since December. It didn't take long for the courts to cite them with a steady stream of opinions. The first opinion arrived with CAT3, LLC v. Black...more

Want Sanctions? Establish That Relevant Information Was Actually Lost

FiTeq, Inc. v. Venture Corp., No. 13-cv-01946-BLF, 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016). In an order disposing of eleven motions in limine, the court denied the plaintiff’s request for sanctions from alleged...more

Spoliation Claims Are Not a Recreational Vehicle to Be Raised at Any Time in a Case

LaFerrera v. Camping World RV Sales of Birmingham, No. 15-00473 (N.D. Ala. Mar. 21, 2016). Relying on state law, the court rejected a request for spoliation sanctions included as part of a motion for summary judgment...more

E-discovery and the Duty to Preserve

If you’re involved in a suit in federal court, then the Federal Rules of Civil Procedure apply to you. Rule 26(b) provides, among other things, that parties may obtain discovery regarding any non-privileged matter that is...more

Alberta Court Orders Production of Documents in Native Format, Contrary To Agreement Between Parties

In Bard v. Canadian Natural Resources (Bard), the Court of Queen’s Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the...more

6 Months of Case Law Under the New FRCP

Six months have passed since the December 1, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took effect. What has been the impact of the new rules on civil litigation and discovery? In particular, Rule...more

Sanctions Implemented After Party Fails to Preserve Emails (California)

Mathew Enter. v. Chrysler Grp. LLC, No. 13-cv-04236-BLF, 2016 U.S. Dist. LEXIS 67561 (N.D. Cal. May 23, 2016) - In this price discrimination case, the plaintiff’s internal and external emails concerning its dealership...more

Court Rides on Relevancy, Allowing Party to be Railed by Requests (North Carolina)

Amtrak v. Guy M. Turner, Inc., NO. 4:15-CV-68-BO, 2016 U.S. Dist. LEXIS 61073 (E.D.N.C. May 9, 2016) - In this personal injury case, the plaintiffs brought a suit against the owner of a tractor-trailer after a...more

Discovery Request Found Not Proportional; Department Store Relieved from Production (Florida)

Douglas v. Kohl's Dep't Stores, Inc., 2016 U.S. Dist. LEXIS 54782 (M.D. Fla. Apr. 25, 2016) - In this consumer protection case, the plaintiff alleged that the defendant, a popular department store, violated the Telephone...more

Party’s Failure to Produce Some Facebook Data Results in Compelled Discovery of All Social Media Data (Missouri)

Rhone v. Schneider Nat'l Carriers, Inc., 2016 U.S. Dist. LEXIS 53346 (E.D. Mo. Apr. 21, 2016) - In this personal injury case, the defendants moved to compel the plaintiff to produce her “Download Your Info” report from...more

Party’s Failure to Specify Objection in Refusing Discovery Request Results in Compelled Discovery (Pennsylvania)

Heller's Gas, Inc. v. Int'l Ins. Co. of Hannover Ltd., 2016 U.S. Dist. LEXIS 71069 (M.D. Pa. June 1, 2016) - In this insurance law case, the defendants moved the court to compel the plaintiff to produce “more complete...more

E-Discovery Update: Working 9 to 5 and Proving It

Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

English Court Approves Use of Predictive Coding

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

Important Wetlands Permitting News: U.S. Supreme Court Allows Pre-Permit Challenges to Approved Jurisdictional Determinations

In a major new legal development for the Clean Water Act's Section 404 wetlands permitting program, landowners can now challenge the federal government's claim that areas targeted for fill are "waters of the United States"...more

Spreadsheets No More: Technology and the Expanding Role of Paralegals in E-Discovery

The role of the paralegal started in the 1960's in an attempt to streamline the delivery and cost efficiency of legal services. Today, that goal remains, especially in the field of E-Discovery. As companies increasingly look...more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

Have More TAR with Your Tea and Crumpets, Please

In February, we wrote about Pyrrho Investments Ltd. v. MWB Property Ltd., a case before the High Court of Justice—Chancery Division, in which the parties had agreed to use technology-assisted review (TAR) as their document...more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

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