News & Analysis as of

e-Discovery Evidence

Securing Your Firm or Business Before (And If) an Employee Betrays You

by GableGotwals on

Imagine that several months ago, you hired an energetic employee that originally had a lot of ideas for the growth of your company, but now just has a lot of excuses for poor performance. You can't prove it, you've heard...more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

by Pepper Hamilton LLP on

Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case. A district court in California recently...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

by Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

by Pepper Hamilton LLP on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

by Burr & Forman on

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

by Morris James LLP on

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

Social Media Is the Kardashians of E-Discovery

by Conduent on

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

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Cybersecurity

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