Kroll Ontrack Inc.

TAR: Building a Better Playlist

In a recent article in Today’s General Counsel, Brett M. Anders of Jackson Lewis and my Kroll Ontrack colleague Rick Anderson, seek to debunk the misconception that human lawyers alone can build a better playlist when it comes…more
| Civil Procedure, Electronic Discovery

Court Clarifies that Data Must be Permanently Deleted for Sanctions (California)

Erhart v. BofI Holding, Inc., 2016 U.S. Dist. LEXIS 129906 (S.D. Cal. Sept. 21, 2016) - In this whistleblower retaliation case, the defendant moved the court to impose sanctions on the plaintiff for deleting thousands of…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Issues a Cornucopia of Sanctions for Discovery Violations (New York)

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm’t, Inc., 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016) - In this case, the plaintiff motioned the court to grant sanctions for the defendants’ discovery misconduct…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Compels Party to Identify Knowledgeable IT Personnel (South Dakota)

Collins v. St. Paul Fire & Marine Ins. Co., 2016 U.S. Dist. LEXIS 135615 (D. S.D. Sept. 30, 2016) - In this bad faith diversity action, the plaintiff filed a motion to compel discovery. One of the issues was that the…more
| Civil Procedure, Electronic Discovery

Court Orders Party to Attempt On-Site Data Collection (New York)

Sky Med. Supply Inc. v. SCS Support Claim Servs., 2016 U.S. Dist. LEXIS 121215 (E.D.N.Y. Sept. 7, 2016) - In this RICO case, the defendants filed a motion to compel, arguing that the plaintiff responded to an ESI request in…more
| Civil Procedure, Electronic Discovery

Court Discusses What Constitutes Reasonable Steps for Preserving Text Messages (North Carolina)

Shaffer v. Gaither, 2016 U.S. Dist. LEXIS 118225 (W.D.N.C. Sept. 1, 2016) In this employment law case, the defendant moved the court to dismiss the case for evidence destruction. The plaintiff accidentally destroyed her…more
| Civil Procedure, Electronic Discovery

[Webinar] Cost-Effective Ediscovery: How to Manage Expense and Reduce Waste - October 26th, 12:00p.m. CT

Discovery is often the most expensive part of litigation, with document retrieval, review and production costs easily reaching thousands, if not millions of dollars. However, this does not need to be the case…more
| Civil Procedure, Electronic Discovery, Law Practice Products & Services

Court Will Not Force Responding Party to Use TAR; Judge Peck Authors another Key Predictive Coding Opinion (New York)

Hyles v. New York City, 2016 U.S. Dist. LEXIS 100390 (S.D.N.Y. Aug. 1, 2016) - In this employment discrimination case, the plaintiff moved to compel the defendants to utilize Technology Assisted Review (TAR) when searching…more
| Civil Procedure, Electronic Discovery

Proportionality Factors Persuade Court to Grant Motion to Compel (Pennsylvania)

First Niagara Risk Mgmt. v. Folino, 2016 U.S. Dist. LEXIS 106094 (E.D. Pa. Aug. 11, 2016) - In this dispute over the violation of a non-compete agreement, the plaintiff moved the court to compel a discovery request…more
| Civil Procedure, Electronic Discovery

Court Limits Request for Social Media to Certain Relevant Information (Louisiana)

Baxter v. Anderson, 2016 U.S. Dist. LEXIS 110687 (M.D. La. Aug. 18, 2016) - In this personal injury case, the defendant moved the court to compel a wide range of discovery related to the plaintiff’s social media accounts…more
| Civil Procedure, Electronic Discovery

Court Holds that Predictive Coding Does Not Change Discovery Standard (Federal Circuit)

Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, No. 2685-11, 8393-12, 2016 WL 4204067 (T.C. July 13, 2016) - In this tax case, the respondent sought a motion to compel the petitioners to provide documents…more
| Civil Procedure, Electronic Discovery, Taxation

Court Refuses to Compel Production of Archived Emails on Backup Tape (Washington)

Elkharwily v. Franciscan Health Sys., 2016 U.S. Dist. LEXIS 99795 (W.D. Wash. July 29, 2016) - In this employment discrimination case, the plaintiff moved the court to compel production of discovery from archived email. The…more
| Civil Procedure, Electronic Discovery

New Resources Available for Interpreting the FRCP

The first couple of months after the Federal Rules of Civil Procedure (FRCP) amendments were enacted in December 2015 changed the ediscovery atmosphere. During that time, it was unknown to practitioners whether the changes to…more
| Civil Procedure, Electronic Discovery

“Caveat Emptor” Applies to ESI Requests (Puerto Rico)

P.R. Med. Emergency Grp., Inc. v. Iglesia Episcopal Puertorriqueña, Inc., 2016 U.S. Dist. LEXIS 99391 (D.P.R. July 26, 2016) - In this Racketeer Influenced and Corrupt Organizations Act (“RICO”) case, the plaintiff renewed…more
| Civil Procedure, Electronic Discovery

Attorney Sanctioned for Failing to Address Proportionality in Brief (Washington)

Fulton v. Livingston Fin. LLC, 2016 U.S. Dist. LEXIS 96825 (W.D. Wash. July 25, 2016) - In a Fair Debt Collection Practices Act case, sanctions were brought against the defendant’s attorney for “his bad faith in briefing…more
| Civil Procedure, Civil Remedies, Electronic Discovery
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