News & Analysis as of

FRCP 37

Epiq

Trending eDiscovery Topics in the Courts

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It is crucial for litigators and eDiscovery consultants to monitor case law developments, especially in relation to emerging technologies and changes to legal practice. With the first half of 2023 in the books, it is an ideal...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

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On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

Kilpatrick

WARNING: Follow Your ESI Protocol Because the Court Will – PART ONE

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A lawsuit has been filed. Both parties have met and negotiated an ESI Protocol that has been formalized as a court order. Your review team has started the initial review and notices there are numerous duplicates. When this is...more

Farrell Fritz, P.C.

Apropos of the Recent Omicron Outbreak, Remote Depositions Are Here to Stay in New ComDiv Rule 37

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Much ink has been spilled over the last couple of years, including here at New York Commercial Division Practice, on the topic of practicing law remotely in the COVID (and likely post-COVID) era.  As we all brace for the...more

Holland & Knight LLP

Texas Trade Secret Case Reminds of Risk Associated with Not Supplementing Rule 26 Disclosures

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ResMan LLC (ResMan) sued Karya Property Management LLC (Karya) and Scarlet Infotech Inc. d/b/a/ Expedien Inc. (Expedien), in federal court in Texas alleging misuse of the "ResMan Platform," a property management software...more

Woods Rogers

The Power of the Court Compels You: The Frequency and Result of Motions to Compel in the Norfolk and Newport News Divisions of the...

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Few litigators like discovery. It can be extensive, expensive, and irritating. It can also lead to a motion to compel and the unpleasantries that often surround those motions. In general, Fed. R. of Civ. P. Rule 37(a)(5)...more

Troutman Pepper

New Cases Bring Lessons on Video Surveillance Preservation

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Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more

Reveal

3 Challenges Corporate Legal Teams Face With BYOD

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Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more

Association of Certified E-Discovery...

[Event] ACEDS at NeLI (National eDiscovery Leadership Institute) - June 5th, Overland Park, KS

NeLI is back! Register today and join ACEDS at the National eDiscovery Leadership Institute. Learn about E-Discovery developments from nationally recognized experts and connect with your local community! The ACEDS Kansas...more

Farrell Fritz, P.C.

A Cautionary Tale About How Not To Conduct Discovery In Federal Court

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Yikes! No practitioner wants to be on the receiving end of a decision that starts with the title of this post. And yet, that’s precisely how Magistrate Judge Bloom started her decision in Abbott Laboratories v. Adelphia...more

Reveal

Deleted ESI Doesn’t Automatically Mean Sanctions: Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)

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Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)  - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more

McGuireWoods LLP

Data Preservation: Don't Treat Discovery Like It's 1999

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Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to expense and inconvenience. Two recent decisions highlight the importance of...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – February 2019

Jury Can Decide Bad Faith Intent for Rule 37 Sanctions - In a slip and fall case, Carnival was found to have failed to take reasonable steps to preserve CCTV video. Judge Goodman noted the fact that its 30(b)(6)...more

Womble Bond Dickinson

Let it Burn: Court Does Not Believe Defendant Intentionally Destroyed Records to Avoid Identification of Potential Plaintiffs in...

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Here’s one that will light your fire. Martinez v. Triple S Props., No. 6:17-03195-CV-RK, 2018 U.S. Dist. LEXIS 166357 (W.D. Mo. Sep. 27, 2018) is a proposed class action against Triple S Properties (“Defendant), an owner...more

White and Williams LLP

Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

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In Amica Mutual Ins. Co. v. BrassCraft Mfg., Co., 2018 U.S. Dist. LEXIS 88986 (D.R.I. May 29, 2018), the United States District Court for the District of Rhode Island addressed the question of whether the defendant was so...more

Farrell Fritz, P.C.

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

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In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth 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

Proskauer - Minding Your Business

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Dorsey & Whitney LLP

Atlanta Federal Judge Orders Discovery Sanctions Against CFPB and Dismisses CFPB’s Claims

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Last Friday, Judge Richard Story (USDC, N.D. Ga.) entered an order in Consumer Financial Protection Bureau v. Universal Debt Solutions, LLC, et al., granting a defendant’s motion for Rule 37 discovery sanctions and striking...more

Kilpatrick

4 E-Discovery Strategies for GCs Under the "New" Federal Rules

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When the cost of e-discovery drives case strategy, it is time to re-evaluate priorities. The U.S. Supreme Court and Congress agreed and amended several of the Federal Rules of Civil Procedure in December 2015 in light of...more

Ballard Spahr LLP

Federal district court sanctions CFPB for deposition conduct; strikes four counts from complaint and dismisses defendants

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A federal district court in Atlanta has granted the defendants’ motions for Rule 37 sanctions against the CFPB for its conduct in connection with the defendants’ depositions of CFPB witnesses. To sanction the CFPB, the court...more

Mintz Edge

Key Considerations for Adopting Ephemeral Communications Tools

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The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more

Farrell Fritz, P.C.

Taylor Swift And The Java-Dump: An E-Discovery Tale

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Some opinions just have it all, and Mueller v. Swift does not disappoint! Indeed, in this lawsuit, Taylor Swift, the pop sensation who has been sweeping the nation, alleges she was the victim of sexual misconduct, assault,...more

BakerHostetler

Advocacy in E-Discovery More Important Than Ever

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In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for...more

Eversheds Sutherland (US) LLP

Three Million Reasons to Understand the New Federal Rules: Deleting Emails Results in Multi-Million-Dollar Rule 37(e) Sanction

On July 12, a federal district court imposed a $3 million punitive sanction pursuant to the recently amended Federal Rule of Civil Procedure 37(e). GN Netcom, Inc. v. Plantronics, Inc., No. CV 12-1318-LPS, 2016 WL 3792833 (D....more

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