BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
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
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
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
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
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
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
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
While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more
In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the...more
Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013).
In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more
In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013).
In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more
As a result of Samsung's alleged violation of the protective order, Magistrate Judge Grewal previously ordered Samsung to produce to Apple emails and communications by Samsung employees that would shed light on the scope of...more
I probably enjoy reading a ruling on a motion to compel a whole lot more than the judge does in writing it. So of course I enjoyed reading Judge Murphy's Order on a Motion to Compel yesterday in County of Catawba v. Frye...more
Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more
Apple Inc. v. Samsung Elecs. Co. Ltd., 2013 WL 4426512 (N.D. Cal. Aug. 14, 2013). In this patent infringement case, the defendants sought to compel further discovery from the plaintiff. In April 2013, the plaintiff produced...more
Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more
The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more
•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.)
•LEGACY: Information from older systems no longer actively supported and not easily...more
The decision of the New South Wales Supreme Court in RSA (Moorvale Station) Pty Limited v VDM CCE Pty Limited  NSWSC 534 considered the application of Practice note SC Eq 11, which provides that the Court will not make...more
DCP Midstream LP v. Anadarko Petroleum Corp., 2013 WL 3225846 (Colo. June 24, 2013).
In this contract law case, the Supreme Court of Colorado remanded the case due to the trial court’s inability to “take an active role...more
Not every widower mourns by partying with several young women. And most of those who soothe their pain with a couple cold ones and a few warm shoulders to cry on don’t commemorate the occasion with a Facebook photo. But a few...more
Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”...more
In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case....more
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