News & Analysis as of

Electronic Discovery Intellectual Property

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

Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an...more

Brunswick Rail Wins Emergency Evidence Protection in Trade Secret Case Against Former Employees

by Zapproved LLC on

OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence...more

Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law

by CloudNine on

We almost made it the entire year without an update on the ubiquitous Apple v. Samsung case. Thanks to the U.S. Supreme Court, this long lasting case isn’t done yet....more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

by Zapproved LLC on

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

Recommind Challenges CAL Patent: eDiscovery Trends

by CloudNine on

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were...more

Defendants Are Awarded Additional Costs For Depositions And E-Discovery

by Morris James LLP on

Robinson, J. Defendants’ motion to review taxation of costs is granted in part and denied in part. Delaware Local Rule 54.1 provides guidance as to how the court generally exercises it discretion to award costs. The...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

by Freeborn & Peters LLP on

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

An Investigative Piece on Clawback Agreements

Who: Clawback agreement; alias: Rule 502 Agreement. What: A mechanism to take back inadvertently disclosed privileged and/or confidential information and protect against an argument that you waived privilege....more

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

by Exterro, Inc. on

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

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

by Planet Depos, LLC on

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion...more

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

by Cozen O'Connor on

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

How the Amended Federal Rules Will Change Patent Litigation

by Foley Hoag LLP on

Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice and the most notable revisions to the civil...more

A BETTER WAY TO LITIGATE? – The December 1, 2015 Amendments To The Federal Rules Of Civil Procedure Aim For More Efficiency And...

by Orrick - IP Landscape on

Civil litigation can sometimes be less than civil or efficient. Indeed, some parties have been found to engage in “abusive” discovery practices or dilatory tactics intended to prolong and increase the costs of litigation....more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

by Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

by Seyfarth Shaw LLP on

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

International News: Focus on Private Equity

by McDermott Will & Emery on

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

by McDermott Will & Emery on

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

by Mintz Levin on

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

by DLA Piper on

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

by McDermott Will & Emery on

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

ITC Section 337 Update - February 2015

by King & Spalding on

Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more

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