News & Analysis as of

The Ethical Duty of Competence in 2015

Although the legal field is not a profession known for embracing change, several developments over the past year have made it clear that even lawyers have an ethical obligation to understand the basics of modern technology. ...more

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

Top 12 Do’s and Don’ts from North Carolina Superior Court Trial Judges

I recently attended an all day CLE which featured a Q&A/panel discussion of 5 excellent NC Superior Court trial judges discussing civil litigation in NC. Below are my top 12 take-aways...more

How to use the Rule 26(f) Conference to avoid data dumps

Back in the days of paper discovery—when productions came in bankers’ boxes and document reviews involved paper cuts—litigators would attempt to try to gain a tactical advantage by “burying” opponents under mountains of...more

Social Media Is the Kardashians of E-Discovery

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

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks

In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more

Five Questions to Consider Before Seeking to Restrain a Former Employee from Engaging in Competitive Activity

Determining whether to enforce a restrictive covenant or confidentiality agreement against a former employee requires the careful consideration of legal, economic and practical considerations. Here are five questions an...more

Back to Basics: Low tech tips to alleviate high tech headaches

It’s easy to get lost in the abyss of technical jargon when discussing Electronically Stored Information (ESI). However, good information governance, which is one of the cornerstones of data privacy and security, doesn’t have...more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

Document Preservation: Know When to Hold ‘Em (and When to Fold ‘Em)

The cut-throat, high stakes environment of a nail-biting poker tournament is oddly similar to the world of document preservation in litigation, investigations and regulatory events. Though the former tends to take place in a...more

E-Discovery- Bring Back the Boxes

It is not uncommon, in the litigation of a federal construction claim, for the Government to produce gigabytes of electronic data, amounting to thousands and thousands of documents, in response to a motion for the production...more

C Stands for Cake and Client

A recent New Jersey Law Journal article by John R. Kirk discusses what Apple can teach law firms about engaging with clients. According to Kirk, it’s all about asking customers the right questions. A similar question can be...more

Court Compels Production of Metadata (New Jersey)

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

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

SCOTUS Approves Proposed FRCP Amendments

On April 29, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took another step forward in the process. In a letter to U.S. Senate and House of Representatives leadership, Chief Justice John Roberts submitted...more

Court Untangles Dispute over Production Format, Orders Reasonably Usable Form (California)

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

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

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