News & Analysis as of

Proportionality

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 Inc. 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

Seyfarth Shaw Submits Comments And Testimony On The Proposed Amendments To Rule 23

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth Shaw submitted comments and oral testimony to the Federal Advisory Committee on Civil Rules regarding needed reform and guidance to Rule 23, the rule that governs class action litigation in federal...more

Is Cooperation Between Parties the Key to E-Discovery Success? (Yerich & Klingsporn)

by Exterro, Inc. on

Perspective One: David Yerich, Esq. Director of E-Discovery, UnitedHealth Group - Cooperation is critical for life. It is how individuals overcome personal limits and underpins all human achievements. It is the bedrock...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

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

by Butler Snow LLP on

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more

The Western District Declines to Compel Additional Discovery

by Farrell Fritz, P.C. on

Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016) - In this case, pending before the Court was a motion by Armstrong Pump Inc. (“Armstrong”) to compel formal production of certain...more

Exterro Releases Third Annual Federal Judges Survey: E-Discovery Advice for Becoming a Better Attorney

by Exterro, Inc. on

Today Exterro announced the results of the Third Annual Federal Judges Survey: E-Discovery Advice for Becoming a Better Attorney. Twenty-two (22) Federal Judges completed this year’s survey, conducted by Exterro, answering 25...more

Forensic Examination of Plaintiff’s Electronic Devices Disallowed Because It Was Not Proportional To The Needs of the Case

by Jackson Lewis P.C. on

District Court Judge Jorge L. Alonso recently upheld Magistrate Judge Michael T. Mason’s ruling in a sex discrimination and hostile work environment case that forensic examination of a plaintiff’s electronic devices was not...more

Effect of "New" Proportionality Limits in Amended FRCP 26

Originally published in IP Litigator - Jan/Feb 2017. On December 1, 2015, with Congress’s consent the Supreme Court amended the Federal Rules of Civil Procedure (FRCP). [Memorandum from Hon. John G. Roberts to Hon. John...more

‘Cause You’ve Got Proportionality: Overview of The Sedona Conference Commentary on Proportionality in Electronic Discovery

Recently, The Sedona Conference, a research and educational institute, published its 2016 Public Comment Version of The Sedona Conference Commentary on Proportionality in Electronic Discovery. This is the third version of...more

2016 eDiscovery Case Law Year in Review, Part 1

by CloudNine on

It’s that time again! Time for our annual review of eDiscovery case law! Once again, we had plenty of sanctions granted and denied, as well as disputes over admissibility of electronically stored information (ESI) and even...more

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

by Pepper Hamilton LLP on

Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case. A district court in California recently...more

A Quick Look at the New Trademark Trial and Appeal Board Rules

by McCarter & English, LLP on

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

European Banking Authority Responds to Commission Request for Further Information on Application of Proportionality to...

by Shearman & Sterling LLP on

The European Banking Authority published a response to the European Commission’s request for further information on the EBA’s Opinion on the application of the principle of proportionality to remuneration provisions in the...more

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