Electronic Discovery › Civil Procedure

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Court Permits Combination of Predictive Coding and Keyword Search

Focusing on precision rather than recall, district court finds that process complies with discovery obligations....more

Laying Foundation for Meta Data and Websites

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....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

eDiscovery: The View From Singapore

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

Campmor, Inc. v. Brulant, LLC

Order on Motions in Limine

An unusually detailed ruling on various pretrial motions in limine...more

Proportionality and Predictive Coding: A Hip Combination

Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive...more

Responsibilities to Preserve Data for Litigation

If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more

Evolving Judicial Attitudes Towards Predictive Coding Suggest It May Soon Be Time to Retire the Defensibility Question

As predictive coding technology began garnering attention, one of the earliest and most common questions among attorneys paying attention to e-Discovery issues – probably the second most common question, right after “does it...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

New Federal Rules Could Change Discovery As We Know It

In April of this year, the Civil Rules Advisory Committee ("Advisory Committee") will consider proposals to limit the scope of discovery under the Federal Rules of Civil Procedure (the "Rules"). The proposed amendments could...more

Litigants: Are You Abiding By The New ABA Rules Regarding Legal Technology?

On August 6, 2012, the American Bar Association’s (“ABA”) House of Delegates voted to amend the comment to its Model Rule of Professional Conduct (“MRPC”) Rule 1.1, which governs lawyer competence. In amending Rule 1.1 the...more

NY Courts Adopt Federal E-Discovery Cost Allocation Standard

On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing...more

2013 Civil Procedure Rule Changes At A Glance

I recently wrote an article about several 2013 changes to the California Code of Civil Procedure, and how those changes affect in-house counsel. The importance of understanding these changes, however, is not limited to...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

Confessions of an adrenaline addict and trial lawyer

Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more

E-Discovery Of Digital Images And Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

What Does the Crystal Ball Say on the Future of Technology Assisted Review?

The day when robots start doing legal work might come sooner than you think. Indeed, courts and litigants across the country appear to have a laserbeam focus on the newest entrant to the E-Discovery scene: computer assisted...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

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Conducting Efficient Patent...

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between in­house and outside...more

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more