BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
The Federal Rules of Civil Procedure do not require privilege logs, but most courts require one in their local rules, or at least expect one. Courts can react in widely varying ways to litigants' failure to prepare any log,...more
Corning Optical Communs. Wireless v. Solid, Inc., 2015 WL 1726749 (N.D. Cal. April 14, 2015).
In this patent case, the plaintiff was required to provide damages related information as part of its Fed.R.Civ.P. 26(a)...more
Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015).
In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more
Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015).
In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued...more
While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more
Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more
The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents...more
The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more
Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014).
In this patent case, the plaintiff claimed that the defendants breached their license agreement. The defendants had previously filed a motion to...more
A federal district court has ordered Westchester Insurance to produce all files and documents in its possession evidencing any reinsurance agreements or related reinsurance communications that pertain to the insured’s policy...more
In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district...more
Lawyers routinely negotiate the scope of litigation discovery demands. One such lawyer was recently faced with a wildly broad discovery demand for relevant emails from the time a product was manufactured more than fifteen...more
In our last blog, we explored how popular song lyrics reflected some of the salient themes in e-discovery during 2014. In this blog, we’ll conclude our assessment with the most popular songs—and some of the most important...more
In James v. National Financial LLC, C.A. 8931-VCL (Del Ch. Dec. 5,2014) the Court of Chancery outlined Delaware Counsel’s discovery obligations as well as the type of sanctions that may be imposed for not complying with those...more
Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al.
Case Number: 1:13-cv-03777-AKH -
Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more
GEA Process Engineering, Inc. v. Steuben Foods, Inc. -
In a decision that has the potential to expand the scope of permissible discovery in inter partes reviews (IPRs) as well as other post-grant procedures under the...more
In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....more
It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more
On October 16, a California district court issued a declaratory judgment ordering a company to comply with Rule 34 as cited in the Federal Rules of Civil Procedure....more
A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents,...more
Two disturbing cases for different, but similar reasons.
When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more
U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document...more
Apple Inc. v. Samsung, 2014 WL 4745933 (N.D. Cal. Sept. 19, 2014).
In this intellectual property case, the plaintiff sought to recover around $1.5 million in costs for producing documents to an online hosted...more
Freedman v. Weatherford Int’l, 2014 WL 4547039 (S.D. N.Y. Sept. 12, 2014).
In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third...more
In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and...more
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up to create your digest using LinkedIn*
Back to Top