News & Analysis as of

Document Productions Discovery

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

Discovery Misconduct “As Deep As It Is Wide” Merits Harsh Sanctions

by Zapproved Inc. on

Arrowhead Capital Fin., Ltd. v. Seven Arts Entertainment, Inc., No. 14 Civ. 6512 (KPF), 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016). The court imposed substantial sanctions on the defendants and their...more

Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law

by CloudNine on

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., No. 14-00351 (N.D. Ind., Nov. 15, 2016), Indiana District Judge John E. Martin ordered the defendant to...more

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law

by CloudNine on

In ACI Worldwide Corp. v. MasterCard Technologies, LLC et. al., No. 14-31 (D. Nebraska, Oct. 27, 2016), Nebraska Magistrate Judge F.A. Gossett granted the plaintiff’s Motion to Compel Production of the defendant’s Full Source...more

Does Your Legal Team Measure Up? Find Out with Exterro’s 2016 In-House Legal Benchmarking Report

by Exterro, Inc. on

Benchmarking as a form of measurement began with cobblers having the shoe buyer put their foot on a bench to be measured and marked. Then the term was used by surveyors who would establish a “bench mark” on a permanent object...more

Plaintiff Must Cooperate on Search Terms, Says Court: eDiscovery Case Law

by CloudNine on

In Pyle v. Selective Insurance Company of America, No. 2:16-cv-335 (W.D. Pa. Sept. 30, 2016), Pennsylvania Senior District Judge Terrence F. McVerry granted the defendant’s Motion to Compel Plaintiff to Provide ESI Search...more

How to Avoid Getting "Burned" by Redactions: eDiscovery Best Practices

by CloudNine on

Having addressed this issue with a client recently, it seems appropriate to revisit this topic… On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or...more

"The E-Discovery Digest - October 2016"

The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

by Sands Anderson PC on

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

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