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Document Productions Discovery

The Seven Commandments of Proportionality in ESI*

by Farrell Fritz, P.C. on

In In Re State Farm Lloyds, (Texas Supreme Court [May 26, 2017] 2017 WL 2323099), the Supreme Court of Texas elaborated on the standard applied to evaluate and resolve production disputes. Specifically, the Court opined...more

The EDiscovery Outcome Economy Part One: Why We Need to Focus on Case Insights

by Baker Donelson on

To be valuable, eDiscovery needs to ensure the greatest usability of all data reviewed and produced. Every dollar spent should buy more than mere compliance; it should buy valuable case insights. While it is easy to focus...more

That Was Random: eDiscovery Best Practices

by CloudNine on

This may be the shortest title ever in this history of this blog. In the first year of the blog’s existence (when we had a lot fewer subscribers and readers than we do now), we did a three part series on how to perform an...more

An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of The Attorney-Client...

by Weintraub Tobin on

In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the...more

Joint Defense Agreements Are Not Protected By The Attorney-Client Privilege

by Brooks Pierce on

Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants In AP Atlantic, Inc.,...more

[Webinar] ACEDS Webinar: eDiscovery Pitfalls and Potholes to Avoid - June 14th, 12:00pm CT

by CloudNine on

If you’ve conducted discovery for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” could occur that can derail your project. These issues can add...more

Australian Court Approves Use of U.S. 28 USC § 1782

by Jones Day on

For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

Blog: High Court Supports SFO Bid To Obtain Documents Claimed As Privileged

by Cooley LLP on

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the...more

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

by CloudNine on

In Duffy v. Lawrence Memorial Hospital, No. 14-2256 (D. Kansas, Mar. 31, 2017), Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the...more

WARNING: Follow Rules Governing Objections To Discovery Requests Or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of...more

Finding Exceptional EDiscovery Value

by Baker Donelson on

Why are we settling for less than exceptional eDiscovery results? My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery...more

Courts Make Clear that General Objections are Generally Inappropriate

by Cole Schotz on

If your practice involves discovery, chances are you have been on the receiving end (and maybe the dispensing end) of prolix boilerplate general objections in response to interrogatories or document demands. Whatever logic...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 4

by Morris James LLP on

This is the fourth in a series of posts summarizing the six most important eDiscovery cases in Delaware in 2015. Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB, Oral Argument on Defendants’ Motion...more

Litigators Warned to Update Their "Form File" Objections and Responses to Comply with Rule 34

In Fischer v. Forrest, No. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017), Magistrate Judge Alexander J. Peck issued a "discovery wake-up call" to the bar of the Southern District...more

Failing to Test Search Terms Before Agreeing to Them Can Be Costly: eDiscovery Best Practices

by CloudNine on

Here’s a big “pothole” that can derail your eDiscovery project. On Thursday, I’ll discuss how you can learn about several more “pitfalls” and “potholes” and how to avoid them....more

Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law

by CloudNine on

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind., Feb. 17, 2017), Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate...more

Fischer v. Forrest: An SDNY Magistrate Judge Issues a Stern Warning to Litigants Who Ignore the Specificity Requirements of...

by Shearman & Sterling LLP on

Last week, Magistrate Judge Andrew Peck of the United States District Court for the Southern District of New York issued a stern rebuke to counsel in Fischer v. Forrest for what he viewed as a failure to adhere to the...more

E-Discovery Update: Get Your Metadata Straight

by McGuireWoods LLP on

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

The Western District Declines to Compel Additional Discovery

by Farrell Fritz, P.C. on

Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016) - In this case, pending before the Court was a motion by Armstrong Pump Inc. (“Armstrong”) to compel formal production of certain...more

The Bottom Line is the Bottom Line: Three Ways for Cutting Costs Across the Stages of E-Discovery

by Exterro, Inc. on

E-Discovery is often viewed as being a niche in the larger legal world. It’s often an ancillary topic in law schools, and according to one respondent in a recent Exterro survey, “Most lawyers view e-discovery as akin to...more

Does Compelling the Disclosure of Documents Allegedly Protected by Attorney-Client Privilege Constitute a Final, Appealable Order?

Last month, the Ohio Supreme Court issued a ruling in Burnham v. Cleveland Clinic, 2016-Ohio-8000, on an interesting issue – “whether an order compelling the production of documents allegedly protected by the attorney-client...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

High Court Rules That Witness Interview Notes Are Not Covered by Legal Advice Privilege

by Shearman & Sterling LLP on

In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more

2016 eDiscovery Case Law Year in Review, Part 1

by CloudNine on

It’s that time again! Time for our annual review of eDiscovery case law! Once again, we had plenty of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI) and even...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

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