News & Analysis as of

Electronic Discovery Civil Procedure

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Default Judgment Entered for Intentionally Destroying Information in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017 (here’s a link if you missed it), we’re seeing lots of cases that relate to disputes associated with Rule 34...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

Boston Red Sox Caught Using Apple Watches to Steal Signals from Yankees During Games

by Exterro, Inc. on

“Boston Red Sox Used Spy Watches to Steal Signs Against Yankees!” It’s a headline that you could imagine being in a 1950’s comic book, but in 2017 this type of thing has become fairly normal. In this case, the New York Times...more

Sometimes, the Data You Receive Isn’t Ready to Rock and Roll: eDiscovery Best Practices

by CloudNine on

Having just encountered a similar situation with one of my clients, I thought this was a topic worth revisiting.  Just because data is produced to you, it doesn’t mean that data is ready to “rock and roll”....more

[Webinar] Holy ****, The Case is Filed! What Do I Do Now? - September 27th, 12:00pm CT

by CloudNine on

The first days after a complaint is filed are critical to managing the eDiscovery requirements of the case efficiently and cost-effectively. With a scheduling order required within 120 days of the complaint and a Rule 26(f)...more

Practical Tips For An Effective Litigation Hold Notice

by Farrell Fritz, P.C. on

I recently wrote about the importance of styling one’s litigation hold in a broad, but sufficiently specific way. Some of you may be thinking, well, that’s all fine and good but what is a litigation hold? Why and when do I...more

Nebraska is the Twenty Eighth State to Adopt Duty of Technology Competence: eDiscovery Trends

by CloudNine on

One of my favorite legal blogs is the LawSites blog by Bob Ambrogi. Bob is a prolific blogger who writes several posts a week, not only on his LawSites blog, but also on MediaLaw, and he co-authors Law.com’s Legal Blog...more

What I Learned from Finding Nemo About Custodian Identification in E-Discovery Matters

by Exterro, Inc. on

In Pixar’s wonderful animated feature, “Finding Nemo,” Marlin, a clown fish who lives in the Great Barrier Reef (and is the title character’s dad), spends nearly the entire film trying to find his son, Nemo, by locating,...more

Court Grants Defendant’s Request for $18.5 Million in Attorney Fees and Costs: eDiscovery Case Law

by CloudNine on

In Procaps S.A. v. Patheon Inc., 12-24356-CIV-GOODMAN, 2014 U.S. Dist. (S.D. Fla. Aug. 17, 2017), Florida District Judge Jonathan Goodman, in a very lengthy ruling, granted the defendant’s supplemental motion for attorney’s...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

Pennsylvania Supreme Court to Consider Effect of Facebook Posts on Discovery Rule

The Pennsylvania Supreme Court has agreed to hear an appeal in a medical malpractice case that made a woman’s personal Facebook posts about her health conditions central evidence in a dispute regarding whether she knew or...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law

by CloudNine on

In Congoo, LLC v. Revcontent LLC, et al, No. 16-401 (MAS) (D.N.J. Aug. 10, 2017), New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the...more

The Wells Fargo PII Epic Fail – Chapter II

The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...more

Potential Topics for Your 30(b)(6) Witnesses: eDiscovery Best Practices

by CloudNine on

I was talking to a client the other day about having to prepare their 30(b)(6) witness for a case, so I thought I’d revisit this topic… When it comes to questions and potential issues that the receiving party may have...more

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

Your Litigation Hold Must Be Generally Broad And Specifically Tailored

by Farrell Fritz, P.C. on

In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), Magistrate Judge Robert B. Jones, Jr., denied Plaintiff Eshelman’s motion seeking a jury instruction in response to Puma Biotechnology Inc.’s...more

Genpact Avoids Sanctions with Timely Legal Holds and ESI Search

by Zapproved LLC on

Court Denies Additional Search for Information Based Only on Speculation in Mirmina v. Genpact LLC, No. 3:16CV00614 (AWT), 2017 BL 260425 (D. Conn. July 27, 2017). In this employment discrimination case, the court denied...more

After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery

by Zapproved LLC on

Judge Shifts Costs to Counsel in Employment Discrimination Case - Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195 (ADS) (AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017). In this employment discrimination case,...more

Time for ILTACON 2017: eDiscovery Trends

by CloudNine on

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. ...more

Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law

by CloudNine on

In Mueller v. Swift, No. 15-cv-1974-WJM-KLM (D. Colo. July 19, 2017), Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

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