News & Analysis as of

Motion to Compel Settlement Agreements Denied Where Document Requests Only Requested License Agreements

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

Court Rules that Parties Requesting ESI Should Organize it Themselves (New Mexico)

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

A Valentine to Proponents of Technology-Assisted Review

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

Court Compels Production Of Information Exchanged Between Insurer And Reinsurer As Relevant To Construction Of Policy

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

Be Prepared to Answer Discovery About Your Discovery

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

Florida Supreme Court Clarifies the Scope of Discovery of Records of Adverse Medical Incidents and Reaffirms Buster

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

Defendant Does Not Provide Compelling Argument for Not Providing Native Format Production (Connecticut)

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

Ediscovery Year(s) in Review: The Bigger Picture from 2008—2013

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

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

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

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately  [Video]

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

District Court Orders Production of Litigation Funding Agreement

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

Top 5 Ediscovery Case Summaries - November 2013: California: Producing Over 200,000 Unsearchable TIFFs Not Enough to Warrant...

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

Top 5 Ediscovery Case Summaries - November 2013: Illinois: In the Seventh Circuit, the Duty to Preserve is Triggered When Party...

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

Apple v. Samsung: Samsung's Request for Stay of Discovery Orders Denied Where Magistrate Judge Made No Ruling on Privilege Issues...

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

Who Doesn't Like Reading About A Ruling On A Motion To Compel?

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

Redaction Redux — Be a Do-Bee, Not a Don’t-Bee

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

Top EDiscovery Case Summaries - October 2013: California: Citing Proportionality, Court Declines Motion to Compel Unnecessary...

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

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

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

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

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

eDiscovery: Tips and Traps (Presentation)

•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

Getting disclosure in equity - the application of Practice Note SC Eq 11 and establishing "exceptional circumstances"

The decision of the New South Wales Supreme Court in RSA (Moorvale Station) Pty Limited v VDM CCE Pty Limited [2013] NSWSC 534 considered the application of Practice note SC Eq 11, which provides that the Court will not make...more

Top 5 Ediscovery Case Summaries – September 2013: Colorado - A “Practical Approach” Must Be Used to Address Discovery Scope...

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

OMG! I Have To Produce What? 4 Steps To Tipping The Field With Social Media

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

"Possession, Custody, Or Control" In eDiscovery

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

What Is The Difference Between An Adverse Sanction And An Adverse Instruction?

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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