News & Analysis as of

Proportionality Motion to Compel

Foley & Lardner LLP

Text Messages, EDiscovery, and the New Threat to Privacy

Foley & Lardner LLP on

Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more

Epiq

2018 eDiscovery Case Law Review

Epiq on

With 2018 at a close, it is a great time to look back on the most year’s most influential eDiscovery cases.   This four-part series will cover the biggest themes found in case law, starting with scope and proportionality....more

Goodwin

Court Grants BI Motion to Compel Discovery in Adalimumab Litigation

Goodwin on

On Monday, Magistrate Judge Lloret, who is visiting the U.S. District Court for the District of Delaware from the Eastern District of Pennsylvania, granted Boehringer Ingelheims’s (“BI’s”) motion to compel discovery relating...more

Butler Snow LLP

Rule 26 Proportionality – Think Beyond the Price Tag

Butler Snow LLP on

More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. ...more

McGuireWoods LLP

Discovery: Reasonableness Reigns, Not Perfection

McGuireWoods LLP on

Firefighters’ Ret. Sys. v. Citco Grp. Ltd., Civ. Action 13-373-SDD-EWD, 2018 U.S. Dist. LEXIS 594 (Jan. 3, 2018 M.D.La.) is a good example of plaintiffs getting too greedy, and where proportionality and reasonableness...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth 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....more

Jones Day

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

Jones Day on

On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

Fish & Richardson

Best Practices for Proving Proportionality in Motions to Compel

Fish & Richardson on

This month marks two years since the major amendment of Federal Rule of Civil Procedure 26(b)(1) went into effect. This Rule, governing the scope of discovery, now states: Parties may obtain discovery regarding any...more

Carlton Fields

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

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

Akin Gump Strauss Hauer & Feld LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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. ...more

Jackson Lewis P.C.

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

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

Farrell Fritz, P.C.

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

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

Farrell Fritz, P.C.

The Western District Declines to Compel Additional Discovery

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

Jackson Lewis P.C.

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

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

Robinson+Cole Data Privacy + Security Insider

Proportionality makes a comeback

After seemingly endless years of rulemaking, the first decisions applying the amended Federal Rules of Civil Procedure have begun to trickle out. Not surprisingly, there have been no game changers to date, but early signs...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide