e-Discovery

News & Analysis as of

Court Redefines the Legal Standard for Preservation Obligations (4th Circuit)

Blue Sky Travel & Tours, LLC v. Al Tayyar, 2015 WL 1451636 (4th Cir. Mar. 31, 2015). In this breach of contract case, the defendants failed to produce relevant documents despite a court order, and sanctions were imposed....more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Ediscovery Costs Affirmed in Termination Dispute (6th Circuit)

Colosi v. Jones Lang LaSalle Americas, Inc., 2015 WL 1186765 (6th Cir. Mar. 17, 2015). In this wrongful termination case, the plaintiff sought to challenge the bill of costs previously awarded to the defendant. The...more

Judge Peck Again Endorses TAR and Predictive Coding Protocols (New York)

Rio Tinto PLC v. Vale S.A., 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015). In this fraud case, the parties stipulated that they would use predictive coding during the discovery process. Judge Peck issued this opinion due to...more

Ediscovery Costs Taxable Only as Copying Costs (Illinois)

Bagwe v. Sedgwick Claims Mgmt. Servs., Inc., 2015 WL 351244 (N.D. Ill. Jan. 27, 2015). In this employment discrimination case, the court granted the defendants’ motion for summary judgment. The defendants then filed...more

ESI Recovery and Restoration Costs Recoverable Under Rule 54 (Colorado)

Comprehensive Addiction Treatment Ctr. v. Leslea, 2015 WL 638198 (D. Co. Feb. 13, 2015). In this private civil rights enforcement case, the court dismissed the case, ruling that the defendants had qualified immunity. The...more

What Recent Case Law Can Teach About BYOD Workplaces

Bring Your Own Device (“BYOD”) is a movement that is changing the IT landscape of workplaces. In a BYOD workplace, employees use their own mobile device—smartphones, tablets, laptops, etc.—for both work and personal use. ...more

The Benefits of Teaming Up With eDiscovery Co-Counsel

Litigation, particularly complex litigation, can be just that, complex. The complexity of litigation necessarily requires the ability to manage multiple moving parts in all phases of a case in the most efficient and...more

SDNY Recognizes Party Using TAR Not Required to Disclose Control Sets to Opposing Party

Magistrate Judge Andrew J. Peck’s recent decision in Rio Tinto PLC v. Vale S.A., S.D.N.Y., No. 14 Civ. 3042 (RMB)(AJP) (March 2, 2015), recognizes disclosure of non-responsive documents is not a per se requirement in cases...more

E-Discovery Update: “Discovery on Discovery”

As discovery has evolved into an electronic undertaking, large corporations increasingly find themselves defending their efforts to comply with the discovery requests of skeptical opposing counsel. ...more

Pure Speculation is Not Enough for Sanctions (Florida)

Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015). In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more

Planning for E-Discovery

Federal courts in California have developed new rules and guidelines. The rules of civil procedure are supposed to be "construed and administered to secure the just, speedy, and inexpensive determination of every action...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

Controlling Data Storage Costs with Nearlining

A recent podcast from the Legal Talk Network’s ESI Report addresses cost control, an important issue for any client, eDiscovery attorney, or eDiscovery vendor.  ...more

Ediscovery Resolutions for the New Year!

As one year ends and a new one begins it’s an excellent time to take stock of our lives. Traditionally, the turn of a new year is accompanied by reflections on past accomplishments and resolutions and goals for the coming...more

Court of Chancery Clarifies Delaware Counsel’s Role in Discovery

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

A Primer on Technological Advances in E-Discovery

“E-discovery is pervasive. It’s like understanding civil procedure. You’re not going to be a civil litigator without understanding the rules of civil procedure. Similarly, you’re no longer going to be able to conduct...more

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