BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
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
Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a...more
The English High Court rejects an application by the Joint Special Administrators of MF Global UK Limited (“MF Global”) for an order seeking the production of documents pursuant to section 236 of the Insolvency Act 1986 (the...more
Newark Unified Sch. Dist. v. Superior Court , 2015 WL 4594095 (Cal. Ct. App. July 31, 2015).
In this inadvertent document release case, the plaintiff sought injunctive relief against the defendant, requiring the return...more
Stinson v. City of New York, 2015 WL 4610422 (S.D.N.Y. July 23, 2015).
In this production dispute, the plaintiffs sought to compel the production of ESI kept by the defendants that would show an increase in legally...more
The Federal Rules of Civil Procedure state that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b)(1) (emphasis added). In electronic...more
The end of June marks the halfway point for the year and is often a time for reflection on key events of the year. In e-discovery this usually translates to a review of cases that matter – those which reveal new or growing...more
United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) -
In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more
F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) -
In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more
A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more
Nearly $7 billion: that is the projected cost of litigation filed by non-practicing entities, or patent trolls, in 2015. A recent report by Unified Patents revealed that patent case filings are expected to surpass 6,100 this...more
With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with...more
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
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