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Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law

by CloudNine on

In TMJ Grp., LLC v. IMCMV Holdings, No. 17-4677 (E.D. La. April 6, 2018), Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part....more

Four Pitfalls to Avoid When Responding to a Charge of Discrimination

When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the...more

Failure to Provide Adequate Privilege Log, Waives Privilege

by Sands Anderson PC on

A circuit court ordered Montgomery Regional Hospital, Inc. to produce peer review reports and other similar documents due to its untimely and inadequate privilege log. In Creasy, Admr. v. Medical Assocs. of Southwest...more

Judge Leibensperger Orders Cost Shifting on Rule 45 Subpoena

While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge...more

Email Threading: Another Analytic Tool Available To Promote Efficiency In A Document Review Project

by Farrell Fritz, P.C. on

The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most...more

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Two

by CloudNine on

...The first formalized changes to the Federal Rules of Civil Procedure were made in December of 2006 as the culmination of a period of debate and review that started in March 2000. Prior to the codified changes, there were...more

Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART ONE)

PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks. Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more

Powers of the SFO in an Internet age

by DLA Piper on

Can the UK's Serious Fraud Office (SFO) issue "section 2 notices" compelling companies to produce documents held outside the UK? That is the question currently being considered by the High Court of England and Wales with...more

Zubulake v UBS Warburg I: Judge Scheindlin Sets E-Discovery Agenda

by Exterro, Inc. on

There’s an apocryphal quote that calls attention to the fact that history is not objective. Frequently attributed to Winston Churchill, “History is written by the victors” foregrounds the notion that history is a story,...more

Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law

by CloudNine on

In Michael E. Davis, et al. v. Electronic Arts, Inc., No. 10-cv-03328-RS, (N.D. Cal., April 3, 2018), California Magistrate Judge Donna M. Ryu ruled that the plaintiff’s failure to fully comply with the discovery requests by...more

Three Takeaways from the Sedona Conference

Last week, the Sedona Conference Group on Electronic Document Retention and Production (Working Group 1) held its midyear meeting. The Sedona Conference’s mission is “to drive the reasoned and just advancement of law and...more

Courts Debate Work Product Issues: Part III

by McGuireWoods LLP on

The last two Privilege Points have addressed courts' troubling disagreements about the meaning of two federal rule sentences articulating the important work product doctrine protection. Surprisingly, courts cannot even agree...more

What Happens in the Internet Each Minute in 2018? More Than Ever: eDiscovery Trends

by CloudNine on

The past two years, we’ve taken a look at a terrific infographic each year that illustrated what happens within the internet in a typical minute. 2018 is a new year and it’s always fun to take a fresh look. So, let’s take a...more

Antitrust Discovery and International Comity: Limitations to Document Production

by Shearman & Sterling LLP on

Under the Federal Rules of Civil Procedure, there are no geographical limitations on discovery requests. Overview Of International Comity In The Antitrust Discovery Context - A U.S. court could theoretically order the...more

eDiscovery Privilege Review in the Trump-Cohen-Daniels Saga: eDiscovery Trends

by CloudNine on

This is not a political blog and we try not to represent any political beliefs on this blog. But, sometimes there is an eDiscovery component to the political story and it’s interesting to cover that component. This is one of...more

What Can A Litigator Do When There Are Hundreds Of Thousands Of Documents To Review In A Short Period Of Time, And A Strict...

by Farrell Fritz, P.C. on

Traditional document review can be one of the most variable and expensive aspects of the discovery process. The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby...more

Court Compels Discovery in Response to Party That Was Using Outdated Rule 26 Standard: eDiscovery Case Law

by CloudNine on

In Cen Com, Inc. v. Numerex Corp., No. C17-0560 RSM, (W.D. Wash., April 11, 2018), Washington Chief District Judge Ricardo S. Martinez ruled that the Plaintiff’s refusal to comply with the Defendant’s request for discovery...more

How to Generate, File, Retain and Execute Electronic HR Documents While Complying with Employee Records Laws and Electronic...

by Littler on

Every minute of every workday, multinational employers rely on sophisticated HR information technologies to manage their global workforces. Laws worldwide regulate information technology, and so multinationals must comply,...more

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

by Butler Snow LLP on

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...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

FYI, Text Messages And IMs Are Discoverable Too

by SmithAmundsen LLC on

Back in November we reported on a federal judge ordering several members of management to turn over messages from their personal email accounts and counseled employers to be proactive in managing employees’ use of personal...more

Discovery Sanctions in the Second Circuit: Be Afraid, Be Very Afraid

Two of the most compelling discovery sanction cases of the past year are Klipsch Group., Inc. v. ePRO E-Commerce Ltd. and Ronnie Van Zant, Inc. v. Pyle, both decided in the Second Circuit. In the first, the court awarded...more

What Judges Are Really Saying About Technology Assisted Review

by BakerHostetler on

Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review...more

Court Denies Request for Production of Forensic Image: eDiscovery Case Law

by CloudNine on

In Apex Colors, Inc. v. Chemworld Int’l Ltd., Inc., No. 2:14-CV-273-PRC (N.D. Ind. March 8, 2018), Magistrate Judge Paul R. Cherry, finding (among other things) that the defendants “have not met their burden of showing that”...more

ESI Protocol Trends, Part II

Part I of this post discussed some recent trends in electronically stored information (ESI) protocols and what those trends might reveal about a case or attitudes of litigants. Part II addresses additional trends that...more

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