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When the Fifth Amendment Privilege Doesn't Work-Tax Cases

A recent decision of the Third Circuit Court of Appeals illustrates the futility of expecting that the Fifth Amendment Privilege Against Self-incrimination will shield taxpayers from production of offshore financial records. ...more

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) - In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more

Court Takes Middle Ground in Balancing ESI Production Costs (Texas)

F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) - In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more

Cooperation, the SEC and FOIA

A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

Controlling the $7 Billion Patent Troll Litigation Machine

Nearly $7 billion: that is the projected cost of litigation filed by non-practicing entities, or patent trolls, in 2015. A recent report by Unified Patents revealed that patent case filings are expected to surpass 6,100 this...more

5 Reasons to Use Inspection Demands

With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with...more

Sloppy Submissions By Patent Owner Earn PTAB Sanctions

Having a bad day? It can’t be worse than the series of errors a Patent Owner found itself in the middle of in Euro-Pro Operating LLC v. Acorne Enterprises, LLC, (IPR2014-000351 and IPR2014-00352). In those cases, a series of...more

Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more

Courts React Differently to Litigants' Failure to Properly Log Withheld Documents

The Federal Rules of Civil Procedure do not require privilege logs, but most courts require one in their local rules, or at least expect one. Courts can react in widely varying ways to litigants' failure to prepare any log,...more

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a...more

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege

Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court, 235 Cal. App. 4th 1154 (2015), a case considering whether the Los Angeles County Sheriff's Department could be...more

E-Discovery- Bring Back the Boxes

It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more

Court Requires the Calculation of Damages to Proportionally Resolve Discovery Dispute (California)

Corning Optical Communs. Wireless v. Solid, Inc., 2015 WL 1726749 (N.D. Cal. April 14, 2015). In this patent case, the plaintiff was required to provide damages related information as part of its Fed.R.Civ.P. 26(a)...more

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more

Court Untangles Dispute over Production Format, Orders Reasonably Usable Form (California)

Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015). In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued...more

New Technologies Test the Limits of the Duty to Preserve, Collect and Produce Information in Civil Discovery

While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more

ESI Case Law Update 2015

In this Issue: - Introduction - Preservation - Proposed Amendments to Rule 37 - Search Methodology/Technology-Assisted Review - Proportionality - Cost-shifting - Form...more

UK FCA Focuses Increased Scrutiny on Asset Managers

Regulators across the globe are intensifying their focus on enforcing the regulation of the asset management industry. Over the last twelve months, the global Financial Stability Board, the International Monetary Fund, the US...more

Alberta Judgment a Strong Reminder to Exercise Caution When Claiming Litigation Privilege Protection

The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more

Ediscovery Costs Taxable Only as Copying Costs (Illinois)

Bagwe v. Sedgwick Claims Mgmt. Servs., Inc., 2015 WL 351244 (N.D. Ill. Jan. 27, 2015). In this employment discrimination case, the court granted the defendants’ motion for summary judgment. The defendants then filed...more

California Supreme Court to Hear PRA Case on Inadvertent or Accidental Disclosure of Privileged Records

The California Supreme Court has granted review of a controversial Public Records Act ruling and will decide whether the well-recognized protection for attorney-client privileged documents inadvertently disclosed during the...more

Diligence and Defensible Deletion Prevent Sanctions (Virgin Islands)

United Corporation v. Tutu Park Ltd., Inc., 2015 WL 457853 (V.I. Super. Jan. 28, 2015). In this breach of contract case, the plaintiff asked the court to impose sanctions on Kmart, a non-party to the suit, and to hold...more

District Court Denies Motion in Limine Seeking to Preclude Advice of Counsel Defense Even Though Plaintiff Was not Able to Obtain...

The Plaintiff filed a motion in limine seeking the district court to preclude the Defendant from offering at trial any testimony regarding the Defendant's opinion of counsel defense that was not disclosed during discovery. As...more

Court Denies Motions To Compel Production Of Documents Unrelated To Reinsurance Policies At Issue In Action

The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more

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