News & Analysis as of

Meet and Confer

After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery

by Zapproved LLC on

Judge Shifts Costs to Counsel in Employment Discrimination Case - Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195 (ADS) (AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017). In this employment discrimination case,...more

Fundamentals of Document and ESI Discovery

by Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

Cost Shifting Ordered Due to Inadequate Meet and Confer

by BakerHostetler on

Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New...more

Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week

by CloudNine on

In Solo v. United Parcel Services Co., No. 14-12719 (E.D. Mich. Jan. 10, 2017), Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be...more

Planned Motion to Dismiss Insufficient to Extend Rule 26(f) Deadlines

In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s...more

Despite Parties’ “Significant Animosity”, Court Orders Them to Meet and Confer: eDiscovery Case Law

by CloudNine on

In Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vermont, Apr. 18, 2017), Vermont District Judge William K. Sessions, III granted in part and denied in part the plaintiff’s renewed motion to compel,...more

Court Orders Specific Discovery After Complete ‘Breakdown’ Between Parties

by Zapproved LLC on

In Bird v. Wells Fargo, the Court Orders Specific Discovery After Process Breaks Down - Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cal. Mar. 31, 2017). In this case, the discovery process broke down so completely...more

Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law

by CloudNine on

In Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cali., Mar. 31, 2017), after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce...more

UPS avoids undue burden in Solo v. UPS e-discovery case

by Zapproved LLC on

Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017). The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel,...more

Failing to Test Search Terms Before Agreeing to Them Can Be Costly: eDiscovery Best Practices

by CloudNine on

Here’s a big “pothole” that can derail your eDiscovery project. On Thursday, I’ll discuss how you can learn about several more “pitfalls” and “potholes” and how to avoid them....more

Early Bird Gets the Worm - Early Case Assessment Gets the Facts

by Exterro, Inc. on

Getting to the facts of the case as quickly as possible: this has always been the primary goal for any legal team when faced with litigation. But in the digital age, where electronic data pervades and is growing each year...more

"The E-Discovery Digest - March 2017"

The sixth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

by Jackson Lewis P.C. on

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the...more

Critical Road Map for ESI in Litigation

by Farrell Fritz, P.C. on

It is the beginning of a new year and I thought it the ideal time to list out those steps that are absolutely critical when an attorney is confronting his/her obligation to produce e-discovery in connection with a litigation....more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

by Carlton Fields on

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Revised California Rules Intended to Streamline Demurrer Process With New Meet-And-Confer Requirements

California courts are tired of hearing your demurrers, and now the state has done something about it. Code of Civil Procedure Section 430.41, which went into effect on January 1, 2016, now requires a meet-and-confer process...more

Know Before You Go. Know Your Data, That Is.

by Conduent on

You’re a seasoned litigator. You’re familiar with your current matter, and you’re prepared for the first meet-and-confer. You have a list of keywords you feel covers all of the important aspects of the case. Your...more

Is An Offset Allowed For Amounts Unrelated To The Claim Asserted?

by Morris James LLP on

The plaintiffs in Brace Industrial Contracting v. Peterson Enterprises (Del. Ch. Dec. 10, 2015) moved for partial summary judgment on the issue of whether the defendants could “self-help themselves to $3.457 million of the...more

E-Discovery Metrics: Measuring to Predict

by Exterro, Inc. on

Metrics. The word alone sends chills down the spine of most attorneys. But metrics – defined as a standard for measuring something usually with figures or statistics – are often the best way to get to the heart of the most...more

When a Picture is Not Enough: Specificity of Infringement Contentions

by Orrick - IP Landscape on

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

by Morris James LLP on

The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs’ Motion to...more

Judge Sullivan orders counsel and attorneys to meet and confer regarding discovery disputes for at least 4 hours at the...

by Robins Kaplan LLP on

Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al. Case Number: 1:12-cv-07734-RJS - Following receipt of a joint letter from the parties concerning a discovery dispute, Judge Sullivan...more

Parties Must “Meet and Confer” Before Requesting Conference Call

by McDermott Will & Emery on

Metrics, Inc. v. Senju Pharmaceutical Co., Ltd. - In an order involving two related inter partes reviews (IPRs), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or the Board) denied a patent...more

Be Careful What You Ask For – Reasonableness in E-Discovery Meet and Confer and Motion Practice

by Butler Snow LLP on

Most corporate litigants are aware of the meet and confer requirement applicable to discovery disputes. Before a party files a motion seeking discovery that the other side will not provide, courts expect the attorneys for...more

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