News & Analysis as of

Presumptively Relevant

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

The Heart of the Matter: Cutting E-Discovery Review Costs by Tracking Relevancy Rates (and Other Metrics)

by Exterro, Inc. on

With different fact patterns, laws, custodians, and companies, every review is going to be unique. When outside review teams are used for a company, multiple groups are doing different things in different ways, and it's very...more

Federal Court Shoots Down EEOC Subpoena

by Foley & Lardner LLP on

Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an...more

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time...more

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

by Jackson Lewis P.C. on

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Court Orders Plaintiff to Produce Native Format Version of Email Potentially Altered: eDiscovery Case Law

by CloudNine on

In Lifetouch National School Studios, Inc. v. Roles, No. 3:15-cv-234 (W.D. P.A., Dec. 15, 2016), Pennsylvania District Judge Kim R. Gibson granted the portion of the defendant’s motion to compel associated with the request...more

I Now Call Alexa to the Stand: What Criminal Law Can Learn from Civil Law When It Comes to E-Discovery

by Exterro, Inc. on

More and more, electronically stored information (ESI) is being collected as evidence for criminal cases. The latest example came to light over the new year in the Washington Post article, “Can Alexa help solve a murder?...more

Rules Amendments Mean That Proportionality Limits Even MDL Discovery

by Reed Smith on

We’ve blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery. Earlier this year, after the amendments had been in effect...more

D.C. Circuit Puts Potential Limits on the NLRB's "Presumptively Relevant" Policy

by Littler on

In IronTiger Logistics, Inc. v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s policy of requiring employers to timely respond to union requests for “presumptively relevant”...more

Ignore No More -- Good Faith Bargaining Requires Timely Employer Response to Union Request for "Presumptively Relevant"...

Last week, a panel of the National Labor Relations Board, in a 2 to 1 vote that has become routine, found that an employer had a duty under Section 8(a)(5) of the National Labor Relations Act to respond in a timely fashion to...more

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