Document Productions

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Responding Effectively to Third-Party Subpoenas

It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more

Uncertain Privilege: Implied Waiver of the Attorney-Client Privilege in False Claims Act Litigation

In a pending False Claims Act (“FCA”) case stemming from alleged violations of the physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, and the federal Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b, the...more

Court Denies Motion To Compel Production Of Documents Relating To Reinsurance Coverage

A federal district court has denied that part of an insured’s motion seeking to compel the insurer to produce all documents relating to its reinsurance coverage. The court ordered the production of the reinsurance agreements...more

Court Orders Company to Comply with Rule 34

On October 16, a California district court issued a declaratory judgment ordering a company to comply with Rule 34 as cited in the Federal Rules of Civil Procedure....more

Two Basics: Don’t Accept Candy From Strangers and Avoid Falling Into the “Document Dump[s]”

A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents,...more

District Court Grants Motion to Compel Internal Counsel Communications of Plaintiff That Did Not Pertain to Litigation

Dell moved to compel the production of certain internal counsel communications at the plaintiff, MLR. MLR had refused to produce the documents, claiming work product protection. As explained by the district court,...more

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

The Fastest Document Reviewer in the World

Every four years, the Summer Olympic Games crowns the winners of the 100-meter dash and dubs them the fastest man and woman in the world. Currently, the world record for the men’s event is 9.58 seconds, while the women’s...more

Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document...more

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...more

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

New Commercial Division Rule Seeks to Streamline Privilege Log Requirements for Litigants

Effective September 2, 2014, the New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation. (See New York Supreme Court,...more

Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth...

In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and...more

"Cost-Efficient Alternatives for Document Production Gaining Traction"

Tax controversies often involve voluminous document production and extensive privilege logs from multiple parties. The privilege issues can be complex and involve advice from multiple advisers potentially covering several...more

Parent Company Ordered to Produce Documents in Response to Request to Subsidiary Where Parent and Subsidiary Shared Servers and...

Plaintiff Dri-Steem Corporation ("Dri-Steem") sought production of documents in the possession and control of the defendant's parent company National Environmental Products, Ltd. ("National"), via its wholly-owned subsidiary...more

AGENCY ACTION: EEOC: Trolling for plaintiffs

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

Non-party SIU Ordered to Produce Witness Statements in Police Litigation

In the recent case McGillivary v. Toronto Police Services Board, 2014 ONSC 865, Master Muir granted the plaintiffs’ Rule 30.10 documentary production motion with regards to evidence obtained by the non-party Special...more

Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more

High Bar for Discovery Motions in IPR

Permobil Inc. v. Pridemobility Products Corp. - Addressing a patent owner's motion to compel a petitioner to produce documents concerning petitioner’s alleged copying in an inter partes review (IPR), the U.S. Patent...more

Though Destruction of Evidence was Egregious, Lesser Sanctions Ordered (New York)

Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014). In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more

Think twice before asking for “any and all” documents

Before I get to the topic at hand, allow me a brief rant. Can anyone explain how the phrase “any and all documents” (typically used in Rule 34 request for documents) covers any document not covered by a a request for “all...more

Conclusory statements about the relevance of foreign prosecution histories do not support motion to compel

Defendant Ablexis requested that the court compel the production of documents associated with the prosecution of non-U.S. patent applications related to the patent-in-suit. The court said that a defendant’s statement that the...more

Predictive coding after keyword screening!? Don’t miss the point of Bridgestone Americas

Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding...more

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

Appeals Court Confirms that Results of Internal Investigation are Privileged

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more

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