Discovery

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What Really Matters in eDiscovery Workflow

Conceptually eDiscovery isn’t that hard to grasp. In practice, it’s a different story. In all but the smallest matters, it’s an intricate web of people, processes, and technology. No wonder some lawyers would still rather not...more

Brad Jenkins of CloudNine: eDiscovery Trends

This is the first of the 2017 LegalTech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka LegalWeek) this year to get their observations regarding trends at...more

More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more

ERISA: 7 Things to Know About Limited Discovery in ERISA Long Term Disability Cases

You already know that discovery in ERISA cases is generally limited because of the “significant ERISA policy interests of minimizing costs of claim disputes and ensuring prompt claims-resolution procedures.”...more

Is Cooperation Between Parties the Key to E-Discovery Success? (Yerich & Klingsporn)

Perspective One: David Yerich, Esq. Director of E-Discovery, UnitedHealth Group - Cooperation is critical for life. It is how individuals overcome personal limits and underpins all human achievements. It is the bedrock...more

The Anthem Breach – A Retrospective (Part II)

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Cross-Examination Is Not Authorized as Routine Discovery Where the Relied-Upon Testimony Is from an Underlying Litigation

On January 30, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) granted in part the petitioner’s motion to strike various declarations of a named inventor because the patent owner failed to make him available for...more

Client Alert: Florida Supreme Court Broadens Patient Access to Adverse Incident Reports

A recent decision by the Florida Supreme Court has significant implications regarding certain adverse incident reports previously viewed as outside the scope of permitted discovery. Florida health care providers currently...more

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Fifth Circuit Affirms Use of Special Jury Interrogatory on Whether an Accident Occurred

In defending personal injury claims, defendants frequently have to deal with jury interrogatories that infer the plaintiff actually experienced an incident that caused or contributed to his complaints, despite there being a...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 3

This is the third in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015. Pfizer, Inc. v. Amgen Fremont Inc., C.A. No. 10667-VCL, Hearing on Cross Motions to Compel and Rulings of the...more

I Don’t Mean to Be Critical, But Here are Some Critical Trends: eDiscovery Trends

It must be our week for surveys.  Yesterday, we covered the Complex Discovery Winter 2017 eDiscovery Business Confidence Survey results.  Here’s another set of surveys that look at critical trends for AmLaw 200 law firms and...more

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the...more

Six Tips for Taking Depositions in India

Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...more

Are We More Confident in eDiscovery Business Than We Were a Year Ago?: eDiscovery Trends

The results are in from the Complex Discovery Winter 2017 eDiscovery Business Confidence Survey, which has just concluded and (as was the case for the 2016 Winter, Spring, Summer and Fall surveys) the results are published on...more

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more

An Exterro E-Discovery Adventure

My guess is that anyone who was alive in the 1980's has chosen their own adventure at least a few times. The Choose Your Own Adventure books were some of my favorites as a kid, an affordable and portable interactive fantasy...more

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

District Court Denies Motion to Compel Inadvertently Produced Privileged Documents

In this patent infringement action, Teva inadvertently produced documents to Sunovion. Teva subsequently attempted to claw back the documents under the parties' protective order. ...more

A Defendant’s Understanding of Infringement Contentions Is Not Enough To Comply With The Patent Local Rules

Order Granting Motion to Strike, Staying Discovery, and Granting Leave to Amend, GeoVector Corporation v. Samsung Electronics Co. Ltd, Case No. 16-cv02463-WHO (Judge William H. Orrick) - Albert Einstein once noted: “Any...more

Backdating: You Can’t Do that in Litigation!

In a recent case the CEO of a public company testified that he backdated the review of a whistleblower. It was not helpful testimony. What’s worse, based on the report of the incident, it appeared that the case was a winner...more

With No Intent or Duty to Preserve, Court Finds No Spoliation Occurred: eDiscovery Case Law

In Archer et. al. v. York City School District, et. al., No. 13-2826 (M.D. Pa., Dec. 28, 2016), Pennsylvania District Judge John E. Jones, III ruled that the plaintiffs had presented no evidence showing that the defendants...more

Mission Possible: Big Data Analytics Strategies to Help You Succeed in the Second Machine Age (aka Musings from Legalweek 2017)

At last week’s Legalweek show. in New York City, one of the salient themes was how law firms and corporate legal departments are preparing for the future, developing tools and techniques for operational efficiencies and...more

TAR Transparency Required in New DOJ Model Second Request

On December 12, 2016 the US Department of Justice (DOJ) Antitrust Division implemented an updated Model Second Request (Model), containing new guidance on the use of Technology Assisted Review (TAR) in responding to DOJ...more

E-Discovery Update: Get Your Metadata Straight

Tired of hearing about metadata? Here’s one case where it made a difference. In Singh v. Hancock Natural Res. Group, Inc., et al., 2016 U.S. Dist. LEXIS 179974 (E.D. Cal. Dec. 29, 2016), the parties had agreed to produce...more

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