News & Analysis as of

Discovery Disputes

Court Orders Evidentiary Sanctions for Plaintiffs’ ‘No Special Effort’ to Preserve Evidence

by Zapproved LLC on

Leidig v. BuzzFeed, Inc., No. 16 Civ. 542 (VM) (GWG) (S.D.N.Y. Dec. 19, 2017). In this defamation case, the court ordered evidentiary sanctions to address the prejudice caused by the plaintiffs’ negligent preservation...more

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

by Carlton Fields on

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

Plaintiff Loses Sanctions In Wrongful Death Case by Failing to Prove Video Loss After ATF ‘Sting’

by Zapproved LLC on

White v. United States, No. 4:15CV1252 SNLJ (E.D. Mo. Jan. 9, 2018). In this wrongful death case, the plaintiff moved for spoliation sanctions against the U.S. government for destroying video evidence. The court denied the...more

Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds...

Insurers retain outside counsel during claim investigations for a variety of reasons, including, among others, providing coverage advice, assisting in reviewing and responding to communications with insureds that have legal...more

Measuring Success and Avoiding Pitfalls in Discovery for Litigated Claims

by Epiq on

At the recent 2018 Claims and Litigation Management Alliance (CLM) conference, Epiq chief innovation officer, Cliff Dutton, hosted a roundtable titled, “Measuring Success and Avoiding Pitfalls in Discovery for Litigated...more

Rule 26 Proportionality – Think Beyond the Price Tag

by 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

Court Denies Motion to Compel All-Employee Email as Disproportionate

by Zapproved LLC on

Firefighters’ Ret. Sys. v. Citco Grp. Ltd., No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018). In this case regarding a $100 million investment loss from a variety of municipal retirement accounts, the court reconsidered the...more

Court Grants Key Parts of Motion to Compel Against Safeway: eDiscovery Case Law

by CloudNine on

In U.S. ex rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. Mar. 08, 2018), Illinois Magistrate Judge Tom Schanzle-Haskins allowed the Relator’s motion to compel in part, ordering the defendant to conduct and complete...more

Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss

by Zapproved LLC on

Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB, 2017 U.S. Dist. LEXIS 200048 (S.D. Cal. Dec. 4, 2017). In this case alleging misappropriation of trade secrets and breach of fiduciary duty, the plaintiff requested...more

Defence + Indemnity: February 2018 - V. PRACTICE ISSUES

by Field Law on

V. PRACTICE ISSUES - A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that...more

‘Academy Award’-Worthy Denials Can’t Save Uber From Spoliation

by Zapproved LLC on

In this highly publicized case alleging that Uber misappropriated trade secrets, the court held that Uber spoliated electronically stored information (ESI) despite both reasonably and actually foreseeing litigation. The court...more

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

Evidence in the electronic age: the rise of the Sedona Canada Principles

by Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

U.S. Supreme Court Hears Oral Arguments in Microsoft v. United States: Transcript Available Here

by Ballard Spahr LLP on

The U.S. Supreme Court heard oral arguments this morning in United States v. Microsoft, No. 17-2, which presents the question whether a United States court may issue a search warrant to a U.S.-based electronic communications...more

Court Rules on Scope of Plaintiff Discovery Requests: eDiscovery Case Law

by CloudNine on

In Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Fe. 13, 2018), Texas District Judge Amos L. Mazzant granted the plaintiff’s motion to compel in part, ordering the...more

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

by Jones Day on

In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

Court Orders Defendants to Search Personal and Business Email Accounts

by Zapproved LLC on

Campbell v. Chadbourne & Parke LLP, 16-CV-6832 (JPO) (S.D.N.Y. Nov. 9, 2017). This proposed class action alleging that the law firm of Chadbourne & Parke intentionally and systematically underpaid its female partners has...more

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

by 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

No Sanctions for Failing to Preserve Cell Phone Records and Call Logs: eDiscovery Case Law

by CloudNine on

In Dotson, et al. v. Edmonson, et. al., No. 16-15371 (E.D. La. Jan. 22, 2018), Louisiana District Judge Susie Morgan denied the plaintiff’s motion in limine seeking sanctions for spoliation of evidence, finding that the...more

The Lynyrd Skynyrd Texting Case: Spoliation and Non-Party Texts

It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as “Lynyrd...more

Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award

In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013,...more

Deceptive Discovery: Second Circuit Affirms Sanctions for Mishandling of Discoverable Data

Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances of discovery misconduct. Finding that the district...more

No Love for the 2015 Discovery Amendments: Landry v. Swire Oilfield Services

February is the month of love. Hearts, candy, and flowers. The hint of spring harkening. The enthusiasm of a new year upon us. But for one federal court judge, the New Year brought no love. ...more

No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law

by CloudNine on

In Hernandez v. Tulare Cnty. Correction Center, et al., No. 1:16-cv-00413-EPG (PC) (E.D. Cal. Feb. 8, 2018), the California Magistrate Judge denied the plaintiff’s motion for sanctions, ruling that the defendants did not act...more

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Cybersecurity

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