News & Analysis as of

Proportionality

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Texas Supreme Court Says ‘Proportionality Is the Polestar’ in E-Discovery

by Zapproved LLC on

In re State Farm Lloyds, No. 15-0903, 2017 BL 177212 (Tex. May 26, 2017). In this discovery dispute, the Texas Supreme Court “elucidate[d] the guiding principles” that govern discovery by concluding that its state rules...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

by Carlton Fields on

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law

by CloudNine on

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., No. 15-638 (E.D. La., May 24, 2017), Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for...more

Court Balances the Realities of Social Media Discovery in Personal Injury Case

by Zapproved LLC on

Case Summary Reveals Court’s Opinion on Social Media for Discovery - Gordon v. T.G.R. Logistics, Inc., No. 16-CV-00238-NDF, 2017 WL 1947537 (D. Wyo. May 10, 2017). In this personal injury case, the court struck a...more

Texas Supreme Court Announces E-Discovery Guidelines

by Strasburger & Price, LLP on

Discovery of electronically stored information (ESI) plays an increasingly important—and expensive—role in litigation. With few opportunities to provide guidance on discovery disputes, the Texas Supreme Court recently seized...more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

May 2017: Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules

Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most recent amendments to Federal Rule of Civil Procedure 26(b), which went into effect December 1, 2015....more

Forfeitures for Ordinance Violations - When Are They Excessive?

by Ruder Ware on

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to...more

Pennsylvania Supreme Court Strengthens Protections For Property Owners In Landmark Civil Forfeiture Decision

by Ballard Spahr LLP on

Elizabeth Young is a 72-year-old grandmother whose home and car the government sought to forfeit based on several relatively minor drug sales her adult son conducted out of the house and car. Young fought the forfeiture and...more

Texas Supreme Court Denies Request for Mandamus Relief without Prejudice Over Native File Production: eDiscovery Case Law

by CloudNine on

In the case In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017), the Texas Supreme Court, in an opinion delivered by Justice Eva M. Guzman, denied the petitions for writ of mandamus without...more

Sedona Conference Commentary on Proportionality, Third Edition: eDiscovery Trends

by CloudNine on

Within the first two months of this blog, way back in 2010, we posted a blog post about the original Commentary on Proportionality in Electronic Discovery from The Sedona Conference® (TSC), which is a project of The Sedona...more

E-Discovery Lessons from the State Investigation of Alabama Governor Robert Bentley

by Exterro, Inc. on

From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out...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

The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices

by CloudNine on

It has been close to fifteen years since the original public comment draft of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production was released. Even the second...more

Subject Access Requests: "not an obligation to leave no stone unturned"

by White & Case LLP on

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Defendant Wipes Out After Getting Caught in the Riptide and Is Sanctioned for Ill-Conceived Motion to Compel in Surf Tech...

This case presents an example of a district court’s use of the “proportionality” requirement of Rule 26 to limit overbroad discovery. On March 9, 2017, Magistrate Judge Barbara L. Major of the District Court for the Southern...more

MiFID II Product Governance – Proportionality: Rules of the road

by Latham & Watkins LLP on

MiFID II Product Governance - Proportionality: Rules of the road - The product governance rules in MiFID II represent a fundamental change in the way firms design and distribute financial instruments. The rules...more

The Sedona Conference Issues Helpful and Important Commentary on the Proportionality Concept Applicable to Electronic Discovery

by Blank Rome LLP on

Action Item: The following set of six principles proposed by the Sedona Conference Working Group on Electronic Document Retention and Production should serve as practical guidance for litigants adhering to the proportionality...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

Don’t Risk Waiving All Objections to Discovery Responses

by Wilson Elser on

Just over a year ago, I authored a Product Liability Advocate blog entry and a Law360 article explaining appropriate methods for asserting objections under Federal Rule of Civil Procedure 34, as amended on December 1, 2015....more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in...

by Farrell Fritz, P.C. on

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more

Data subject access requests: proportionality and legal professional privilege

by Dentons on

By way of wider context, the parties in Holyoake v. (1) Candy and (2) CPC Group Limited [2017] EWHC 52 (QB), are currently engaged in a multi-million pound dispute relating to a loan agreement. Separate to these proceedings...more

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