News & Analysis as of

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[Webinar] Lessons Learned from Recent eDiscovery Disasters - October 25th, 12:00pm CT

by CloudNine on

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies. This CLE-approved* webcast will...more

The DOJ is the Latest to Learn that Redactions Aren’t as Straightforward as You Think: eDiscovery Best Practices

by CloudNine on

I keep thinking that all attorneys, especially those in large corporations, large law firms and federal agencies, understand best practices associated with performing redactions.  Once again, I find that is evidently not the...more

Colorado Open Records Act Amendments Take Effect This Month

by Holland & Knight LLP on

Colorado Gov. John Hickenlooper signed Senate Bill 17-040 into law on June 1, 2017, marking the first major update to the Colorado Open Records Act (CORA) in more than 20 years. The amendments to CORA are effective on Aug. 9,...more

ITC Declassifies Portions of Final Determination

by Jones Day on

In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more

Not a Trade Secret

by Pessin Katz Law, P.A. on

In U.S. v Jennifer Salgado & Jenny’s Tax Service, (No. 1:16-CV-03186-SMJ, Mar. 24, 2017) the U.S. District Court for the Eastern District of Washington (the “Court”) held that a taxpayer’s client list and client identifying...more

“No Fishing” in Alberta: Court Clarifies Ability to Redact, Disclosure in Questioning

On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp (NWest Energy), the Court of Queen’s Bench of Alberta (Court) provided clarity on the principles of relevance and materiality in the context of...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

E-Discovery Nightmares: 5 Experts Share Tales of Redactions, Huge Data Sets, and Things That Go Bump in the Night

by Exterro, Inc. on

Now that the days are growing short, and the summer sun gone, leaving us with overcast skies and wind driven mists clinging to the rain-soaked hills, the mood is set for telling stories of ghouls, goblins, and other specters...more

Foreign request for legal assistance disclosable

by Allen & Overy LLP on

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the...more

How to Avoid Getting "Burned" by Redactions: eDiscovery Best Practices

by CloudNine on

Having addressed this issue with a client recently, it seems appropriate to revisit this topic… On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or...more

Redacting Confidential Portions – After the Fact

by Planet Depos, LLC on

A recent blog highlighted the benefit of designating confidential portions to be redacted while at the deposition. Portions designated as such are redacted at no cost. So, depending on the size of the case and the extent of...more

Not a Foreign Concept: Court Orders Production of Native ESI Files to Verify That Data Had Not Been Manipulated

A common issue in almost any case involving the production of electronically stored information (“ESI”) is the format in which the parties will produce the ESI. Typically, ESI may be produced in one of four formats: native...more

New York’s Commercial Division Requires Motion to Seal When Redacted Documents are Filed

The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal....more

"The E-Discovery Digest - June 2016"

The fourth 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, cost shifting and other e-discovery...more

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

by Cozen O'Connor on

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

AbbVie Documents Not Protected by Privilege in FTC Sham Litigation Suit - Federal Trade Commission v. AbbVie, Inc., (E.D. Penn....

by McDermott Will & Emery on

The U.S. District Court for the Eastern District of Pennsylvania ordered AbbVie, Inc. and Besins Healthcare to produce unredacted documents to the Federal Trade Commission (FTC), because the documents were relevant to the...more

How Do Courts Apply the "Primary Purpose" Privilege Standard?: Part II

by McGuireWoods LLP on

Last week's Privilege Point described a court's rejection of an in-house lawyer's affidavit swearing that a client's employees' communications to him sought legal advice. FTC v. AbbVie, Inc., Civ. A. No. 14-5151, 2015 U.S....more

Redaction Made In Royalty Reports Are Improper; Motion To Amend Complaint Comes Too Late

by Morris James LLP on

Defendants move to compel compliance with subpoenas directed to a non-party. The court relieved the non-party from any obligation to produce documents since the contested documents were also in the possession of plaintiffs....more

Weak and Redacted Evidence Fails to Carry the Day - Seagate Technology (US) Holdings, Inc. v. Enova Technology Corporation

by McDermott Will & Emery on

Addressing the nexus requirement for secondary considerations raised as a defense to an obviousness challenge, the Patent Trial and Appeal Board (PTAB or Board) found that the patent owner failed to establish the required...more

Challenging a CFPB Civil Investigative Demand Can Be Done without Revealing a Company Is Being Investigated

by McGuireWoods LLP on

One of the Consumer Financial Protection Bureau’s (CFPB) key investigative and enforcement tools is to issue Civil Investigative Demands (CIDs), a form of an administrative subpoena that requires the recipient to produce...more

Board: No Rubber Stamp on Motions to Seal - Samsung Elecs. Co. v. NVIDIA Corp.

by McDermott Will & Emery on

Addressing the standard for sealing documents in inter partes review (IPR) proceedings, the Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s motion to seal documents where the only justification provided...more

Settlement Agreements with Students Are Protected Student Records But Must Be Disclosed in Redacted Form Under Public Records Law,...

What is the responsibility of a public educational institution when it receives a public records request for material that it believes it must keep private under state and federal student records laws?...more

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

by Seyfarth Shaw LLP on

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

by Franczek Radelet P.C. on

Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

If You Can’t Say Anything Nice . . .

by MoFo Reenforcement on

You will feel right at home with the CFPB’s newly augmented web-based public-facing complaints database. In accordance with its Final Policy Statement issued on March 19, 2015, the CFPB began publishing consumer complaint...more

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