Document Productions Discovery

News & Analysis as of

Does the Opinion Work Product Doctrine Protect the Identity of Documents a Litigant Obtains from a Third Party?

Many courts extend opinion work product protection to a lawyer's selection of intrinsically unprotected documents used to prepare a deponent, the identity of witnesses important enough to interview, etc. This approach is...more

Court Denies Plaintiffs’ Motion to Compel the Production of Documents from Defendant’s Overseas Manufacturer (Connecticut)

Grayson v. Gen. Elec. Co., 2016 WL 1275027 (D. Conn. Apr. 1, 2016) - In this putative class action, the plaintiffs sought to compel the defendant to produce certain discovery from its overseas manufacturer and the...more

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Franz Schwarz Delivers 4th Bergsten Lecture in Vienna

Franz Schwarz delivered the 4th Bergsten Lecture on the subject of “Systemic Case Management and Burden of Proof”. Over 400 registered attendees, including senior members of the Austrian and German judiciary and academia,...more

Courts Have Nothing But Good Things To Say About Predictive Coding

Predictive coding (also called “technology assisted review” (“TAR”)) involves the use of computerized artificial intelligence to extrapolate from attorney coding of small (and repeated) sample document sets ultimately to...more

Duplicative Discovery Not Objectionable Unless 'Fully' Duplicative

Litigators often have the tendency to seek similar, if not identical, information from multiple sources. As an opponent has an interest in withholding harmful information, third-party discovery may be critical to proving a...more

The Case of the Clone Tablet: An Exterro Choose Your Own E-Discovery Adventure

My guess is that anyone who was alive in the 1980's has chosen their own adventure at least a few times. The Choose Your Own Adventure books were some of my favorites as a kid, an affordable and portable interactive fantasy...more

Objections to Document Demands Under Amended Rule 34

The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this...more

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

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