News & Analysis as of

Redaction

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

District Court Orders Production of Bills from Expert Witnesses But Permits Redaction of Narrative Statements in Bills

In this patent infringement action, the defendant, Ericsson moved to compel the plaintiff, TCL, to produce bills and invoices for worked performed by TCL's expert witnesses. TCL sought to redact the bills and invoices to...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

A Survival Kit for Cross-Border Discovery

by Conduent on

“One thorn of experience is worth a whole wilderness of warning.” This quote, from Fireside Poet and literary critic James Russell Lowell, described Shakespeare, but it applies equally to the practice of cross-border...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

Show Your Work: Washington Supreme Court Awards Attorney’s Fees in Public Records Case for Failure to Provide “Brief Explanation”...

by K&L Gates LLP on

The Washington Supreme Court has long endorsed a liberal construction of the Washington Public Records Act (PRA), calling it a “strongly-worded mandate for broad disclosure of public records.” Hearst Corp. v. Hoppe, 90 Wn.2d...more

Judge Hellerstein grants competing motions to seal with limited exceptions.

by Robins Kaplan LLP on

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein disposed of a number of motions to seal filed by both Intellectual Ventures II LLC and JP Morgan...more

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Cybersecurity

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