Email Discovery

News & Analysis as of

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

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

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

Court Affirms that Discovery Standard is Reasonableness, Not Perfection (Nebraska)

Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015). In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a...more

Collusion Course: The Limits of Hot Documents

Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

Practical Strategies to Reduce the Risks and Costs of E-Discovery

As one federal court insightfully pointed out in a recent opinion, “litigations are fought and won with information.” But for an increasing number of companies, litigations are all too often lost with information as well,...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

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

Recent Developments in Court Decisions on E-discovery Issues

The duty to preserve and collect data that may be discoverable once litigation is reasonably anticipated is well established. The following are highlights from recent Court decisions affecting the eDiscovery process. Although...more

Court Finds No Spoliation after Deletion of Emails during Routine Audit (Missouri)

Gladue v. Saint Francis Medical Center, 2015 WL 1359091 (E.D. Mo. Mar. 24, 2015). In this employment case, the plaintiff sought sanctions for the spoliation of deleted emails. After the plaintiff had been terminated from...more

Finding the Needle When You Can’t Locate the Haystack – How do you narrow down the scope of e-discovery?

Joffe v. Google, No. 3:10-md-02184, currently pending in the Northern District of California, is predicted to be the biggest corporate wiretap case in history – assuming the plaintiffs have standing. ...more

E-Discovery and Information Management: New Email Retention Policy for New York State Heightens the Need to Timely Serve...

According to recent media reports, New York State has now implemented the 90-day email retention policy that was previously announced by the Cuomo Administration in June 2013. The reports indicate that various state agencies’...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

The Court of Chancery continued to focus on eDiscovery throughout 2014. During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the...more

Failure to Produce Social Media Data Leads to Heavy Sanctions (Virginia)

Federico v. Lincoln Military Hous., 2014 WL 7447937 (E.D. Va. Dec. 31, 2014). In this tort action, the plaintiffs sought to recover damages allegedly caused by harmful mold in a military housing complex. The plaintiffs...more

Every Case Is an e-Discovery Case in Today’s Litigation Environment

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

Plaintiff Does Not Offer Proportional Production Remedy, Court Denies “Discovery on Discovery” (New York)

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

PTAB Threatens Sanctions for Unauthorized E-mails

Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC - Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more

Email, But Don’t File, Exihbits for the Oral Hearing

In MotivePower, Inc. v. Cutsforth, Inc., IPR2013-00272, Paper 30 (August 5, 2014), one of the parties mistakenly filed, rather than emailed, their exhibits for the Oral Hearing. ...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Communications Between Experts Discoverable in Inter Partes Review

Given the rarity of a granted Motion for Additional Discovery, it is worth noting the circumstances of the Board’s decision in Apple Inc. v. Achates Reference Pub., Inc., IPR2013-00080; -00081 (Paper 58), wherein an exchange...more

Defendant Does Not Provide Compelling Argument for Not Providing Native Format Production (Connecticut)

Saliga v. Chemtura Corp., 2013 WL 6182227 (D. Conn. Nov. 25, 2013). In this discrimination case, the court dealt with two parties who failed to agree on numerous discovery matters. The most prominent issue was the...more

Top 5 Ediscovery Case Summaries - November 2013: Puerto Rico: Court Extends Duty to Preserve to Personal Email Accounts, Denies...

P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013). In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

Having a Good Document-Retention Policy

Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...more

Broker-Dealer Email Systems Must Keep Pace with Firm Growth, FINRA Says

A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their...more

Be Smart with Your Phone

Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more

Happy New Year – Top 10 posts of 2012

Top 10 posts of 2012: New Rules for Service of Pleadings and Documents by E-mail; Florida Supreme Court implements e-discovery amendments – Effective September 1st; Rules Updates – New E-discovery and E-mail Service...more

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