Kroll Ontrack Inc.

“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

Court Denies U.S. Government’s Warrant to Obtain Overseas Data (New York)

Microsoft Corp. v. United States (In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp.), 2016 U.S. App. LEXIS 12926 (2d Cir. N.Y. July 14, 2016) - In this case, the appellant appealed…more
| Criminal Law, Electronic Discovery, International Law & Trade, Privacy

Court Clarifies the Obligation to Utilize Rule 26(b)(1) Proportionality Factors (Kansas)

Rowan v. Sunflower, 2016 U.S. Dist. LEXIS 72254 (D. Kan. June 2, 2016) - In this personal injury case, the plaintiff motioned the court to compel discovery from one of the defendants. Before this motion, the defendant had…more
| Civil Procedure, Electronic Discovery

Brexit: Through the Eyes of a US Legal Team

The headlines are nearly ubiquitous at this point: this summer, the people of the United Kingdom voted to leave the European Union. The reasons cited for leaving are varied and complicated, with many commentators still debating…more
| Civil Procedure, Electronic Discovery, International Law & Trade, Privacy, Science, Computers, & Technology

Court Grants $3,000,000 in Punitive Damages for ESI Spoliation (Delaware)

GN Netcom, Inc. v. Plantronics, Inc., 2016 U.S. Dist. LEXIS 93299 (D. Del. July 12, 2016) - In this antitrust case, the plaintiff motioned the court to grant sanctions for ESI spoliation. In 2012 upon notice of a possible…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Throwback Thursday: 6 Months of Case Law Under the New FRCP [Webinar]

A Tale of Two Rules - The first six months after the FRCP amendments produced extensive case law as courts and parties grappled with the application of the new rules. In particular, Rule 26(b)(1) with its emphasis on…more
| Civil Procedure, Electronic Discovery

Global Predictive Coding: Going for the Gold

This week, athletes from around the globe will gather at the 2016 Summer Olympics to compete for gold medals and present years of hard work and dedication. With the Olympics as a backdrop, there is no better time than to explore…more
| Civil Procedure, Electronic Discovery, International Law & Trade

[Webinar] Six Months of Case Law Under the New FRCP - August 10th, 12:00pm CT

In case law from December 2015 through June 2016, patterns have emerged on how the courts are reacting to the new language in FRCP 26(b)(1) and 37(e). Listen to FRCP guru Tom Allman and the Honorable Magistrate Judge Elizabeth…more
| Civil Procedure, Electronic Discovery

Relativity Certifications—Helping You Learn the Lingo

For Relativity gurus, making sense of kCura’s certification system is likely no sweat. However, for ediscovery outsiders or legal/IT professionals new to Relativity, all of the classes, tests and designations are a bit…more
| Civil Procedure, Electronic Discovery, Law Practice Products & Services

Soaking up the Ediscovery Sun: Ing3nious NorCal 2016

This past week, I had the opportunity to attend the Ing3nious NorCal Retreat on Ediscovery and Information Governance in the beautiful Pacific coast town of Half Moon Bay, California. This event signified the fifth anniversary…more
| Civil Procedure, Electronic Discovery, Law Practice Products & Services

Court Says Prolonged Discovery Periods Are Not “Marvelous” (Rhode Island)

Wai Feng Trading Co. v. Quick Fitting, Inc., 2016 U.S. Dist. LEXIS 77672 (D.R.I. June 14, 2016) - In this intellectual property and collection action, the defendant moved the court to compel discovery of ESI in its native…more
| Civil Procedure, Electronic Discovery

Cost Alone Is Not Sufficient to Evade Native File Production (Georgia)

Mitchell v. Reliable Sec., LLC, 2016 U.S. Dist. LEXIS 76128 (N.D. Ga. May 23, 2016) - In this employment discrimination case, the plaintiff requested that ESI be delivered in its native format, with metadata intact, to…more
| Civil Procedure, Electronic Discovery

Court Holds Rule 26(b)(1) Cannot be Used for Unpled Claims or Defenses (New York)

Lifeguard Licensing Corp. v. Kozak, 2016 U.S. Dist. LEXIS 68724 (S.D.N.Y. May 23, 2016) - In this intellectual property case, the defendants motioned the court to compel production of various discovery. The plaintiffs…more
| Civil Procedure, Electronic Discovery

Ignorance Is No Grounds to Avoid Production (Ohio)

FDIC v. Ark-La-Tex Fin. Servs., LLC, 2016 U.S. Dist. LEXIS 82444 (N.D. Ohio June 24, 2016) - In this contract dispute, the defendant motioned the court to compel discovery of loan policies and procedures maintained…more
| Civil Procedure, Electronic Discovery
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