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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

Motion to Compel Settlement Agreements Denied Where Document Requests Only Requested License Agreements

Echostar Satellite L.L.C. ("Echostar") moved to compel the production of settlement agreements from the plaintiff. Several issues arose on the motion, including whether the Magistrate Judge had jurisdiction to grant the...more

Court of Appeal provides useful reminder on narrow application of litigation privilege

In the case of Rawlinson & Hunter Trustees SA v Akers & Another the Court of Appeal considered the parameters of litigation privilege, providing a useful reminder of how narrow the protection is and the care that must be...more

Potential Bid Protest Dangers: When the Agency Produces Documents Early

To paraphrase Virgil, beware of agency counsel bearing gifts. Under the U.S. Government Accountability Office’s (GAO) bid protest rules, an agency is required to produce a report within 30 days of a protest that includes a...more

Court Rules that Parties Requesting ESI Should Organize it Themselves (New Mexico)

Anderson Living Trust v. WPX Energy Production, LLC, 2014 WL 930869 (D.N.M. March 6, 2014). In this matter, the parties agreed to a discovery plan in which the defendants would scan certain hard copy documents in the...more

A Valentine to Proponents of Technology-Assisted Review

On February 14, 2014, U.S. District Judge Denise Cote of the Southern District of New York became the latest judge to acknowledge that the results of technology-assisted review (TAR) need not be perfect to be defensible in...more

ERISA Penalty Claims — How To Handle Them

Are you seeing more ERISA Plaintiffs asserting claims seeking penalties for delayed production of ERISA-related documents? 29 U.S.C. 1132(c)(1) allows the Court to impose penalties of up to $110 per day for delays in...more

Compelling Testimony

In GEA Process Engineering, Inc. v. Steuben Foods, Inc., (IPR2014-00041), Paper 22 (IPR2014-00043), Paper 23, (IPR2014-00051), Paper 21 (IPR2014-00054), Paper 18 (IPR2014-00055), Paper 14 (April 15, 2014), the patent owner...more

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

Plus-Sized e-Discovery for Medium-Sized Firms

In cases involving large amounts of electronically stored information (ESI), those of us at mid-sized or smaller firms may sometimes feel a little out-gunned when the requests for production and documents start flying. While...more

Court Allows Third Party Discovery Of Broker Materials Claimed To Be Privileged

Defendant liability insurers sought discovery from Third Party Aon relating to a dispute between defendants and plaintiff regarding an umbrella coverage program. Aon provided some, but not all responsive documents, citing...more

Court Compels Production Of Information Exchanged Between Insurer And Reinsurer As Relevant To Construction Of Policy

In a declaratory relief action brought against the FDIC by the liability insurer for the directors and officers of a bank in receivership, the court resolved a discovery dispute that included a contested request for...more

Role of the E-discovery Liaison

With today’s prevalence of electronic documents, e-discovery is easily the largest single line item in any company’s litigation budget. It can often consume more than half the allotted funds and even exceed the actual dollar...more

R. v. Cook: When a Post-Conviction Production Application does not require the Trotta Analysis

The Ontario Court of Appeal’s March 4, 2014 decision in R. v. Cook is an outstanding illustration of appellate criminal procedure regarding a production application where disclosure was sought to support a potential fresh...more

Commercial Division Justices Oing and Scarpulla Participate In New Pilot Program

The New York Supreme Court, Commercial Division, has announced that two of its judges, Justices Oing and Scarpulla, will participate in a new program strongly encouraging use of hyperlinks in submissions to the Court. The...more

Be Prepared to Answer Discovery About Your Discovery

Under the current formulation of Federal Rule of Civil Procedure 26(b)(1), courts have shown a willingness to allow a requesting party to inquire into the discovery process when it questions the sufficiency of the responding...more

Disclosure of Seed Sets: Required to Cooperate or Protected as Attorney Work Product?

The reliability and accuracy of the predictive coding process depends heavily on the identity of the documents in the seed set (including documents deemed irrelevant), because the seed set is the primary source used to teach...more

Florida Supreme Court Clarifies the Scope of Discovery of Records of Adverse Medical Incidents and Reaffirms Buster

On January 30, 2014, the Florida Supreme Court concluded its review of Cedars Healthcare Group, Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), by quashing the Third District’s...more

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more

E-Discovery Costs Related Specifically to Production Recoverable - CBT Flint Partners, LLC v. Return Path, Inc.

Applying U.S. Court of Appeals for the Eleventh Circuit law and addressing whether e-discovery costs are recoverable under 28 U.S.C. § 1920(4), the U.S. Court of Appeals for the Federal Circuit reversed in part, vacated in...more

SEC Administrative Judge Censures Accounting Firms Over Failure To Produce Work For China-Based Companies

On January 22, an SEC administrative law judge (ALJ) prohibited the Chinese affiliates of four major accounting firms from practicing or appearing before the SEC for six months for allegedly failing to turn over certain...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

Defendant Does Not Provide Compelling Argument for Not Providing Native Format Production (Connecticut)

Saliga v. Chemtura Corp., 2013 WL 6182227 (D. Conn. Nov. 25, 2013). In this discrimination case, the court dealt with two parties who failed to agree on numerous discovery matters. The most prominent issue was the...more

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