Under an amendment to New Jersey Rule of Evidence (N.J.R.E.) 530 (Waiver of Privilege by Contract or Previous Disclosure), a “safe harbor” is available effective July 1, 2020, to clients and attorneys who inadvertently...more
In IDC Financial Publishing Inc. v. BondDesk Group LLC, et al., Case No. 15-cv-1085 (PP), 2017 U.S. Dist. LEXIS 177626 (Oct. 26, 2017), a case involving allegations of copyright infringement, the District Court for the...more
In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s...more
Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court...more
In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her...more
In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause why they should not be...more
A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their...more
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
3/6/2017
/ Affidavits ,
Appeals ,
Computer Hard Drives ,
Discovery ,
Discovery Disputes ,
Electronically Stored Information ,
Forensic Examination ,
Imaging Equipment ,
Metadata ,
Motion for Reconsideration ,
Motion to Compel ,
Popular ,
Proportionality ,
Right to Privacy ,
Vacated ,
Young Lawyers
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
2/11/2017
/ Class Action ,
Cooperation ,
Discovery ,
Discovery Costs ,
Discovery Disputes ,
Electronically Stored Information ,
FRCP 26(b)(1) ,
Meet and Confer ,
Proportionality ,
Protective Orders ,
Statistical Sampling ,
UPS