Document Productions Discovery

News & Analysis as of

Court Applies New FRCP 26, Awards Production of Documents (Texas)

Carr v. State Farm Mut. Auto. Ins. Co., 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015) - In this auto accident case, the defendant sought to compel production regarding documents reflecting payments that the plaintiff...more

Litigation Discovery and the New Federal Rules

Trying to make the best of rules open to highly subjective interpretation… Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine...more

Court Rejects Plaintiff’s Requested Production Format in Favor of Format Containing Metadata (New York)

Feist v. Paxfire, Inc., 2015 WL 6456710 (S.D.N.Y. Oct. 26, 2015) - In this discovery dispute, the plaintiff claimed that the defendant ignored the plaintiff’s production requests, resulting in duplicative and burdensome...more

The Year in eDiscovery to Music, Part II

In our last blog, we contemplated the many intersections between the top pop songs and eDiscovery developments in 2015. Today, we continue our review with more of the most popular records and legal events of the year....more

Court Finds Sanctions Inappropriate Following Plaintiff’s Failure to Establish Prejudice (Georgia)

West v. Talton, 2015 WL 6675565 (M.D. Ga. Nov. 2, 2015) - In this case, the court granted the defendants’ motion to exclude plaintiff’s use of any argument or evidence of alleged spoliation. The plaintiff discovered that...more

Year in Review: Top Ediscovery Cases of 2015

As another year wraps up, we look forward to the holidays and the promise of a new year. There is no better time to remember the highlights of ediscovery case law in 2015. Duty to preserve, emphasis on proportionality and...more

CFPB denies petition to modify CID

On December 2, 2015, the CFPB denied a petition for modification of a Civil Investigative Demand (CID) filed by UniRush, LLC. In doing so, the CFPB reinforced its view that such petitions are disfavored. However, in denying...more

The 2015 FRCP Amendments: ‘Tis the Season

Hoping to find the perfect gift for the ediscovery professional in your life? Look no further than the 2015 Amendments to the Federal Rules of Civil Procedure (FRCP)....more

Heads Up on New FRCP Amendments

Do you know about the amendments to the Federal Rules of Civil Procedure that will take effect on December 1, 2015? The amendments touch a variety of issues, but most significantly impact the scope of permissible discovery...more

An End to the Kitchen Sink Approach to Discovery Objections

After constant complaints from litigants and lawyers on the length, breadth, and costs of discovery, there seems to be a real effort afoot to solve all three of these problems. The upcoming amendments to the Federal Rules of...more

Court Instructs “More Thorough Search” in Face of Irretrievable ESI (Kansas)

Neonatal Product Group, Inc. v. Shields, 2015 WL 6158810 (D. Kan, Oct. 20, 2015) - In this patent infringement case, the defendants filed a motion to compel against the third party counterclaim defendants. The...more

Appellate Court Affirms Order to Produce Records in Native Format (Texas)

In re State Farm Lloyds, 2015 WL 6751057 (Tex. App. Oct. 28, 2015) - In this insurance claim case, the court affirmed an order compelling the defendant to produce records in native format in the face of the defendant’s...more

Court Orders Defendant’s Wife to Produce iPhone for Forensic Examination (California)

Brown Jordan Int'l Inc. v. Carmicle, 2015 WL 6142885 (S.D. Fla. Oct. 19, 2015) - In this breach of contract and fiduciary duty case, the plaintiffs sued the defendant for violating the Computer Fraud and Abuse Act and...more

Discovery, New Rules and a Need for Transparency

In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more

E-Discovery Update: Nonparty Subpoenas: Shifting Costs Back to the Requesting Party

All companies dislike incurring expenses in connection with document production, but it is particularly distasteful to do so in connection with matters in which the company has no stake. Luckily, in those instances, companies...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

ESI Production Sufficient; No Further Discovery (Maryland)

Dwoskin v. Bank of Am., N.A., 2015 WL 5836785 (D. Md. Sept. 30, 2015) - In this insurance regulation case, the plaintiffs alleged that they were precluded from refinancing their homes due to an increase in the interest...more

Necessary Production of Documents Results in Award of Production Costs (Texas)

Mobile Telecomms. Techs., LLC, v. Samsung Telecomms. Am., LLC, 2015 WL 5719123, (E.D. Tex. Sept. 28, 2015) - In this patent infringement case, the plaintiff contested a prior ruling by the court that held that the...more

Success in Discovery Requires More Than the Best-Laid Plans of Mice and Men

According to popular legend, in 1786, Scottish poet Robert Burns wrote that the “best-laid plans of mice and men often go awry” as part of his apology to a mouse whose nest he destroyed while ploughing a field. These words...more

E-Discovery Update: Email Threading Cuts Costs, Reduces Production of Irrelevant, Potentially Privileged Documents

Email threading is becoming more and more prevalent in the world of e-discovery. It can be a valuable tool for cost-saving and efficiency in document review and production. Many parties are not familiar with or do not...more

Court Orders Sanctions for Failure to Produce Source Code on a Timely Basis

Plaintiffs Ericsson Inc. and Telefonaktiebolaget LM Ericsson's ("Ericsson") filed a motion to compel discovery of source code and technical documents, pursuant to Local Patent Rule 3-4 in the Eastern District of Texas. As...more

District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 4

In the ISN case, the Petitioners filed a Petition for Appraisal, requesting that the Court make an independent valuation of the company under Section 262. In this Motion to Compel hearing, the Respondent called to the stand...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 3

Herbert Chen and Derek Sheeler v. Robert Howard-Anderson, Steven Krausz, Robert Abbott, Robert Bylin, Thomas Pardun, Brian Strom, Albert Moyer, Jeanne Seeley, and Occam Networks, Inc., C.A. No. 5878–VCL, Oral Argument on...more

Court Compels Production Of Core Technical Documents But Declines To Correct Claims In The Patents

Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more

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