Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
Jason Maloni on Data Security
Safeguards against Data Security Breaches (Part Two)
LPOs Stealing Deal Work from Law Firms
Three Key Data Retention Questions
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
5 Things to Consider When You Are Served with a Lawsuit
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In This Issue:
*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
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
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
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
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
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
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
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
Following on the heels of Race Tires II, 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