Discovery

News & Analysis as of

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills

In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL's expert witnesses. TCL sought to redact the bills and invoices to...more

SEC Adopts Amendments Updating its Rules of Practice for Administrative Proceedings

On July 13, 2016, the SEC announced its adoption of several amendments that update the SEC’s rules of practice governing its administrative proceedings. ...more

Pokemon Go, a Scary Trend for any E-Discovery Practitioner

One word that I never thought would have any cultural relevance ever again, Pokemon. I remember the days when Nintendo was the “it" thing to have and Pokemon was at the forefront of that fad. But that was the 1990s, so when I...more

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is...more

Cutting eDiscovery Projects Down to Size: How A Leading AmLaw 200 Law Firm Uses Analytics

Recently, Xerox Legal Business Services published a whitepaper in which I discussed how my firm, Vorys, Sater, Seymour and Pease LLP, uses analytics – in this case, Xerox’s Viewpoint eDiscovery platform – to help our global...more

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...more

Three Tips to Verify the Security of Your E-Discovery Software

SOC 2® Type 2 Certification and Zapproved–Building Trust and Confidence that Your Data is Secure - Today in e-discovery, it should be no surprise that cyber security is a rising concern among corporate leaders and that...more

Elevating the role of the in-house counsel

Premise: The role of in-house counsel has evolved and status has been elevated. Expectations have been raised by the C-Suite. The department must be managed like other business units, with adherence to budget, performance...more

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...more

Aveta And The Use Of Confidential Info In FCA Cases

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose...more

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

New Amendments to SEC's Rules of Practice in Administrative Proceedings

On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

Party’s Willful Destruction of Data Did Not “Optimize” the Case for Dismissal

Ericksen v. Kaplan Higher Educ., LLC, No. RDB-14-3106, 2016 WL 695789 (D. Md. Feb. 22, 2016). Where a plaintiff “willfully [ran] a computer program that she knew, given her computer expertise, would destroy at least some...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

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

Pyrrho Investments Ltd v MWB Property Ltd: A Landmark Decision on Predictive Coding in e-Discovery

Anyone engaged or interested in the electronic disclosure process should pay close attention to the landmark decision handed down earlier this year by the English High Court in Pyrrho Investments Ltd v MWB Property Ltd...more

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

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 1

In re: ISN Software Corporation Appraisal Litigation, C.A. No. 8388–VCG, Oral Argument on Petitioners Motion to Compel and Partial Rulings of the Court, April 27, 2015. In this fifth motion to compel before Vice...more

SEC Adopts Amendments to Rules Governing Its Administrative Proceedings

On July 13, 2016, the SEC announced that it will adopt certain amendments to its rules of practice governing administrative proceedings. Faced with criticism from practitioners and the media regarding a perceived “home field...more

Court Holds Personal Data Discoverable for a Work Related Claim (New York)

Sunderland v. Suffolk Cty., 2016 U.S. Dist. LEXIS 77212 (E.D.N.Y. June 14, 2016) - In this civil rights case, the plaintiff motioned the court to compel the defendants “to search for and produce certain documents from...more

I Spy the Relevant Data: Using Analytics to Accelerate eDiscovery for Second Requests

Pikachu, Wartortle, Ivysaur, Rattata—can you catch ‘em all? With Pokémon Go, the current augmented reality app craze, your goal is to search for and capture these virtual monsters that pop up in various places using your...more

The First Appellate District Confirms that the Attorney-Client Privilege and the Attorney Work Product Doctrine Apply to...

In City of Petaluma, the former employee filed a charge with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging sexual harassment and retaliation during her employment with the City of Petaluma (“City”). The...more

New York Federal Court Holds That Audit Firm’s Review Of TPA Is Attorney Work Product

In a case upon which we have reported on January 6, 2016, and November 24, 2015, a New York federal district court held that the work of an audit firm hired to review the billing practices of a third-party administrator...more

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