Kroll Ontrack Inc.

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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

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff…more
| Civil Procedure, Civil Rights, Electronic Discovery, Real Estate - Residential

Prevailing Party Awarded Taxable Costs from Production to Opposing Party (California)

Apple Inc. v. Samsung, 2014 WL 4745933 (N.D. Cal. Sept. 19, 2014). In this intellectual property case, the plaintiff sought to recover around $1.5 million in costs for producing documents to an online hosted repository,…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Intellectual Property, Taxation

Plaintiff Does Not Offer Proportional Production Remedy, Court Denies “Discovery on Discovery” (New York)

Freedman v. Weatherford Int’l, 2014 WL 4547039 (S.D. N.Y. Sept. 12, 2014). In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third…more
| Civil Procedure, Civil Remedies, Electronic Discovery

The Decade of Discovery: Coming Soon to a City Near You

Traversing the infamous Hollywood Walk of Fame elicits visions of glitz and glamour, a street afire with opening nights, leading ladies and leading men, iconic directors and prolific producers, and films that place marked key…more
| Electronic Discovery

Part III – FRCP Amendments: The Long and Winding Road

Where We Are Now - On September 16, 2014, the Judicial Conference officially approved the proposed amendments to the Federal Rules of Civil Procedure. The rules are now pending before the Supreme Court, and provided they…more
| Civil Procedure, Electronic Discovery

Parties’ Joint Stipulation Frustrates Defendants and Allows Plaintiffs to Not Produce Native Files (California)

Melian Labs, Inc. v. Triology LLC, No. 13-cv-04791-SBA, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal. Sept. 4, 2014). In this trademark dispute, the plaintiff sought a declaratory judgment that its website did not infringe upon…more
| Civil Procedure, Electronic Discovery, Intellectual Property
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