On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more
Recently, while digging through pages of informational content on the state of electronic discovery, two things became abundantly clear: first, litigation costs are on the rise as “Big Data” continues to get bigger, and...more
This article is the second of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss the impact of the...more
Recently, Casey Flaherty, Corporate Counsel at Kia Motors, authored an article about how he approaches comparing costs in the current chaotic ediscovery pricing landscape. Flaherty boldly asserts: “Standardizing a method...more
In today’s world of electronically stored information (“ESI”), it is increasingly costly to preserve, identify and collect data for discovery – let alone analyze, review and create a production....more
W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, 2013 WL 1352426 (D.P.R. Apr., 3, 2013).
In this discovery dispute, the plaintiffs sought cost taxation of ediscovery costs under 28 U.S.C. § 1920 or cost-shifting...more
Country Vintner of NC, LLC v. E. & J. Gallo Winery, Inc., No. 12-2074 (4th Cir. Apr. 29, 2013).
In this case brought under the North Carolina Wine Distribution Agreements Act, the defendant submitted a bill of over...more
The month of July ensures some much needed warmth in Minnesota after an offensively wintery spring, but July also brings an exciting new set of amendments to the Minnesota Rules of Civil Procedure. From July 1, 2013 onward,...more
Taylor v. Mitre Corp., 2013 WL 588763 (E.D. Va. Feb. 13, 2013).
Following a November 2012 order dismissing Family Medical Leave Act and Americans with Disabilities Act claims for the plaintiff’s “egregious spoliation” in...more
In the last year, Americans have had a great deal of exposure to our British ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even get us started about...more
It’s cynically said that no good deed goes unpunished. The Washington State Supreme Court seems to agree when it comes to insurers’ reservations of rights to seek reimbursement of fees and costs they have paid for the defense...more