Kroll Ontrack Inc.

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Eden Prairie, MN 55347, United States

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Overreaching Plaintiff Denied Unreasonable Access to Defendant’s Computers (Nebraska)

Design Basics, LLC. v. Carhart Lumber Co., 2014 WL 6669844 (D. Neb. Nov. 24, 2014). In this design misappropriation case, the plaintiff sought an order compelling “full disk imaging of [d]efendant’s hard drives,”…more
| Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata (New Jersey)

Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014). In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”…more
| Civil Procedure, Electronic Discovery, Personal Injury

Bad Faith Spoliation of Audio Data Results in Adverse Inference Instruction (New York)

Novick v. AXA Network, LLC, 2014 WL 5364100 (S.D.N.Y. Oct. 22, 2014). In this contract dispute case, the plaintiff made a motion for sanctions under Rule 37(b)(2) requesting the court strike the defendants’ answer and…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Denies Duplicative Deposition (New Jersey)

Koninklijke Philips Elecs. N.V. v. Hunt Control Sys., Inc., 2014 WL 5798109 (D. N.J. Nov. 7, 2014). In this trademark case, the parties engaged in discovery disputes over the plaintiff’s “ability to search and produce…more
| Civil Procedure, Electronic Discovery, Intellectual Property

Court Denies the Use of a Software Agreement as a Shield from Discovery (Tennessee)

Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014). In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting of…more
| Civil Procedure, Electronic Discovery, Labor & Employment Law, Science, Computers, & Technology

2014 Ediscovery Trends: Survey Results

With about four weeks remaining in the year, let the “2014 reflections” bombardment begin! You know what I am talking about — the close of the calendar year prompts oodles of nostalgic news stories recalling the biggest events…more
| Electronic Discovery

Court Affirms Costs against Plaintiffs Following Contentious Discovery (Pennsylvania)

Kuznyetsov v. West Penn Allegheny Health Sys., 2014 WL 5393182 (W.D. Penn. Oct. 23, 2014). In this Fair Labor Standards Act case, “[d]iscovery was contentious and the motions practice was excessive. As a result, a special…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Labor & Employment Law, Taxation

Judge Gives Rule 34 Lesson, Orders Plaintiff to Organize Production (California)

Venture Corp. v. Barrett, 2014 WL 5305575 (N.D. Cal. Oct. 16, 2014). In this patent case, the defendant moved to compel identifying information after the parties reached an impasse regarding how responsive information…more
| Civil Procedure, Electronic Discovery, Intellectual Property

Court Denies Exclusive Use of TAR Privilege Review, Leaves Option on Table for Later Use (West Virginia)

Good v. American Water Works, 2014 WL 5486827 (S.D. W. Vir. Oct. 29, 2014). In this class action litigation involving the Freedom Industries chemical spill, the parties met, conferred, and agreed on all but one discovery…more
| Civil Procedure, Electronic Discovery

Defendant Entitled to New Trial After Trial Court Erroneously Admitted “Russian Equivalent of Facebook” into Evidence (New York)

United States v. Vayner, 2014 WL 4942227 (2d Cir. Oct. 3, 2014). In this criminal case, the defendant was convicted “on a single count of unlawful transfer of a false identification document.” The government relied…more
| Criminal Law, Electronic Discovery

Defendant Ordered to Keep Discovery Promises despite Plaintiff’s Inability to do the Same (California)

Finjan, Inc. v. Blue Coast Sys., 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014). In this patent infringement case, the plaintiff company moved the court to compel the defendant to produce archival emails from eight custodians,…more
| Civil Procedure, Electronic Discovery, Intellectual Property

5 Questions You Should Ask about Big Data Security and Ediscovery

In the era of big data, vetting and asking the right security questions can help your organization save money and have peace of mind when it comes to ediscovery. Below is a general overview of some of the most important…more
| Commercial Law & Contracts, Electronic Discovery, Privacy, Science, Computers, & Technology

The World Series of Ediscovery: Hit a Homerun with Ediscovery.com Pulse Benchmarks

If you are a baseball fan, you know that the end of October is the culmination of a long season – especially if your team is fortunate enough to be one of the two teams battling it out for the World Series title. And, if you are…more
| Electronic Discovery

Defendant’s Gross Negligence Leads to Adverse Inference Instruction (New York)

Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the defendant’s…more
| Civil Procedure, Electronic Discovery, Personal Injury

Defendants’ Failure to Impose Litigation Hold Leads to Sanctions (Arizona)

Vicente v. City of Prescott, 2014 WL 3894131 (D. Ariz. Aug. 8, 2014. In this employment dispute case, the plaintiffs sought a summary judgment motion and motion for sanctions due to the defendants’ “failure to preserve…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Labor & Employment Law
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