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A Cooperative Discovery Process Promotes Efficient Advocacy

by Farrell Fritz, P.C. on

In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal Rules of Civil Procedure 26(g) and 37. The Order required Plaintiffs to remediate an improper...more

Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices

by CloudNine on

Many organizations are permitting (or even encouraging) their employees to use their own personal devices to access, create, and manage company related information – a practice commonly referred to as Bring Your Own Device...more

Court Says Electronic Copies Must Be Released

by Ruder Ware on

A recent decision from a Dane County trial court has opened the door for new guidance on providing electronic copies of public records to local news media. In a recent decision, a Dane County judge held that a state lawmaker...more

Court Denies Plaintiffs’ Request to Email All Defendant Employees as “Simply Unreasonable”: eDiscovery Case Law

by CloudNine on

In Firefighters’ Ret. Sys., et al. v. Citco Grp. Ltd., et al., No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018), Louisiana Magistrate Judge Erin Wilder-Doomes denied the plaintiffs’ renewed motion to compel after the parties...more

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

by BakerHostetler on

A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into...more

To Redact or Not to Redact: How to Treat Sensitive But Not Privileged Information

So, you’re deep in the weeds of your latest e-discovery project for an important client and things are going smoothly. Protective orders are in place, the scope of discovery requests agreed to, custodians properly identified,...more

If a Court Decides That a Document Deserves Work Product Protection, Should the Court Also Deal With a Privilege Claim?

by McGuireWoods LLP on

Wise lawyers always consider both attorney-client privilege and work product protection when withholding a document or testimony. Privilege protection is absolute but fragile. Work product protection is qualified but...more

Third Circuit Upholds Penalty Imposed on Plan Administrator for Failure to Provide Documents

by Hodgson Russ LLP on

A plan administrator is required by the Employee Retirement Income Security Act of 1974 (ERISA) to disclose certain governing documents and records within 30 days of receiving a written request....more

[Webinar] Lender Policies and Procedures for Subpoenas, Summons and Third-Party Demand Requests - February 13th, 12:00pm CT

by Thompson Coburn LLP on

Lenders and financial institutions are regularly hit with legal orders, whether through a subpoena, summons, garnishment, or third-party demand for records. These requests come fast and furious, and often lenders are 'damned...more

2017 eDiscovery Case Law Review

by Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

ESI, ROT, and LBJ – Thoughts on Data Management While Visiting the Lyndon Johnson Presidential Library: eDiscovery Trends

by CloudNine on

...A few weeks ago, I took a road trip from Oregon to Austin, Texas as a way to ring in the new year. A friend met me there, and one of the things we’d hoped to do (besides listen to a lot of live music) was visit the LBJ...more

Court Orders Plaintiff to Reproduce ESI and Produce Search Term List As Agreed: eDiscovery Case Law

by CloudNine on

In Youngevity Int’l Corp., et al. v. Smith, et al., No: 16-cv-00704-BTM (JLB) (S.D. Cal. Dec. 21, 2017), California Magistrate Judge Jill L. Burkhardt, granted the defendants’ motion to compel proper productions against the...more

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Court Orders TAR E-Discovery Software With Validation Set

by Zapproved LLC on

Winfield v. City of New York No. 15-CV-05236 (LTS) (KHP) (S.D.N.Y. Nov. 27, 2017). In this case alleging that New York City’s affordable housing program has a disparate impact on racial minorities, the plaintiffs...more

Delaware Court Of Chancery Declines To Compel Production Under The Garner Privilege Exception

by Shearman & Sterling LLP on

On January 10, 2018, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery declined to compel the production of attorney-client privileged documents under the Garner doctrine in the context of direct breach of...more

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

by Bennett Jones LLP on

Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law

by CloudNine on

...In IBM v. Naganayagam, No. 15 Civ. 7991 (NSR) (S.D.N.Y. Nov. 21, 2017), New York District Judge Nelson S. Romàn, finding that no intent to deprive by the plaintiff and no prejudice against the defendant for spoliation of...more

2017 eDiscovery Case Law Year in Review, Part 4

by CloudNine on

...We grouped those cases into common subject themes and will review them over the next few posts. Perhaps you missed some of these? Now is your chance to catch up!...more

2017 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

2017 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

...Let’s take a look back at cases related to discovery about discovery, technology assisted review, form of production disputes, objections to production requests and an interesting dispute between an eDiscovery provider and...more

2017 eDiscovery Case Law Year in Review, Part 1

by CloudNine on

Once again, it’s time for our annual review of eDiscovery case law! This is our seventh annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases...more

Ancient ESI: A Survey of the Ancient Documents Exception

Should Titanic’s Box Office release or the debut of Harry Potter already be described as events from the ancient past? It would hardly seem so. But, the amendment to the ancient documents exception to the rule against hearsay...more

[Webinar] Important eDiscovery Case Law Decisions of 2017 and Their Impact on 2018 - January 11th, 12:00pm CT

by CloudNine on

2017 was a very interesting year for eDiscovery case law and the impact of FRCP rules changes in 2015 became even more apparent. How can the key case law decisions affect discovery within your organization? This CLE-approved*...more

Word Games At The PTAB

by Jones Day on

In 2016, the PTAB changed the limits for the length of certain filings in post grant proceedings, including petitions and responses, from limits based on the number of pages to limits based on the number of words. The USPTO...more

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