News & Analysis as of

Discovery

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

by CloudNine on

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the...more

Payday Lenders’ Operation Choke Point Challenge Survives Dismissal

Payday lenders can move forward with their suit against federal regulators challenging the controversial Operation Choke Point, a Washington, D.C., federal court judge has ruled....more

Planning for Depositions in Spain (Updated 2017)

by Planet Depos, LLC on

Planning for depositions in Europe can be challenging for a variety of reasons. Fortunately, coordinating depositions in Spain is not too different from planning depositions in the U.S. Spain is one of the parties to The...more

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

by Carlton Fields on

When I started as a litigator in 2001, a technique I call “blind stonewalling” ruled discovery practice everywhere from BigLaw to the smallest boutiques. But the slow evolution of the Federal Rules of Civil Procedure (FRCP),...more

Go Fish: Discovery In PAGA Actions Just Got Easier

by Fox Rothschild LLP on

Brace yourself. Plaintiffs can now use representative PAGA actions as the basis for a statewide “fishing expedition” to discover alleged employer misconduct. Now, I’m a baby lawyer (or, more aptly, an almost baby lawyer)...more

Texas Supreme Court Says ‘Proportionality Is the Polestar’ in E-Discovery

by Zapproved LLC on

In re State Farm Lloyds, No. 15-0903, 2017 BL 177212 (Tex. May 26, 2017). In this discovery dispute, the Texas Supreme Court “elucidate[d] the guiding principles” that govern discovery by concluding that its state rules...more

Employment Law - July 2017

California Supreme Court Reverses PAGA Discovery Ruling - Why it matters - On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of...more

Stakeholder Symphony: 4 Ways Orchestrated E-Discovery Cuts Costs, Delays, and Errors

by Exterro, Inc. on

New Tech, Old Tricks: New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

by Carlton Fields on

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week

by CloudNine on

In Solo v. United Parcel Services Co., No. 14-12719 (E.D. Mich. Jan. 10, 2017), Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be...more

California Supreme Court Expands Scope of PAGA Discovery

by Reed Smith on

On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to allow state-wide discovery of Marshalls...more

Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices

by CloudNine on

eDiscovery Assistant™ is a site developed by ESI Attorneys that was built by attorneys and information law practitioners to provide several resources to help people get started — faster and with confidence — in eDiscovery. ...more

California Supreme Court Reaffirms Broad Right to Discovery in PAGA Actions

The California Supreme Court issued its long awaited ruling in Williams v. Superior Court, in which it clarified the scope of discovery in actions brought under the Private Attorneys General Act of 2004, Labor Code § 2698 et...more

A Toxic Pairing: Discovery Misconduct and Juror Neuropsychology in a Plant Patent Trial

The most important plant patent trial of the early 21st century just took place in northern California. California Berry Cultivars v. The Regents of the University of California sorts out “stakeholder” rights associated with...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law

by CloudNine on

This case is a few months old, but is one of the cases we will cover in next week’s webcast Key eDiscovery Case Law Review for First Half of 2017. In Williams v. Angie’s List, No. 1:16-00878-WTL-MJD (S.D. Ind. April 10,...more

Gift Card Class Action Settles

by Klein Moynihan Turco LLP on

SoulCycle, Inc. (“SoulCycle”) has agreed to pay up to $9.2 million to settle a gift card class action lawsuit in California. What were the allegations of wrongdoing against SoulCycle and what are the terms of settlement?...more

The Seven Commandments of Proportionality in ESI*

by Farrell Fritz, P.C. on

In In Re State Farm Lloyds, (Texas Supreme Court [May 26, 2017] 2017 WL 2323099), the Supreme Court of Texas elaborated on the standard applied to evaluate and resolve production disputes. Specifically, the Court opined...more

California Supreme Court Clarifies Discovery Under PAGA

by Jackson Lewis P.C. on

Emphasizing the broad right of discovery and the remedial nature of the California Private Attorneys General Act of 2004, the California Supreme Court has ruled that, in pretrial discovery, plaintiffs under PAGA has a right...more

Williams v. Superior Court (Marshalls): California Supreme Court to Allow Broad Discovery in PAGA Cases

by Hirschfeld Kraemer LLP on

On July 13, 2017, the California Supreme Court held that plaintiffs need not demonstrate good cause to discover contact information of other allegedly aggrieved employees in an action brought pursuant to the Private...more

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

Employers Litigating PAGA Actions Take Hit From California Supreme Court

by Fisher Phillips on

In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Moonlight Fire Case: Ninth Circuit Denies Relief to Defendants Under FRCP 60 in U.S. v. Sierra Pacific Industries

On July 13, the U.S. Court of Appeals for the Ninth Circuit decided the case of United States v. Sierra Pacific Industries, et al. This is referred to as the “Moonlight Fire” case. The Ninth Circuit framed the issues...more

Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law

by CloudNine on

In Phoenix Light SF Ltd. v. Deutsche Bank Nat’l Trust Co., No. 14cv10103 (JGK)(DF) (S.D.N.Y. June 5, 2017), New York Magistrate Judge Debra Freeman granted the plaintiffs’ motion to compel in part, ordering the defendant to...more

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