News & Analysis as of

Proportionality

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

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

Two Truths and a Lie about Rule 16 Hearings

by Exterro, Inc. on

This blog post is adapted from commentary on Rule 16 by Hon. Xavier Rodriguez, U.S. District Judge, W.D. Texas, in FRCP & E-Discovery: The Layman’s Guide. One truth—not one of the two mentioned in our title—is that this...more

Best Practices for Proving Proportionality in Motions to Compel

by Fish & Richardson on

This month marks two years since the major amendment of Federal Rule of Civil Procedure 26(b)(1) went into effect. This Rule, governing the scope of discovery, now states: Parties may obtain discovery regarding any...more

300 GB Email Search Rejected in E-Discovery Case

by Zapproved LLC on

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), 2017 U.S. Dist. LEXIS 164015 (S.D. Cal. Oct. 3, 2017). In this patent case, the court denied the plaintiff’s motion to compel in full. The court...more

2017 An Illuminating Year in E-Discovery Case Law

by Exterro, Inc. on

In a half-hour conversation with Exterro Director of Marketing Mike Hamilton, Bree Kelly, Attorney and Editor of EDiscoveryLaw.com, summarized the past year in e-discovery case law as illuminating. Perhaps thankfully, there...more

CEO’s Documents Found Proportional to Multimillion-Dollar Complaint

by Zapproved LLC on

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., 2017 U.S. Dist. LEXIS 146211 (D.D.C. Sept. 11, 2017). In this multimillion-dollar antitrust claim, the defendants moved to compel the plaintiffs to include their CEO as a...more

Court Rejects Discovery Burden to Allow Additional Custodians Search

by Zapproved LLC on

Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017). In this consolidated wrongful detention case, the court granted the plaintiffs’ motion to compel in part, ordering the...more

Facilitating tax evasion: how to avoid being unwittingly caught by the Criminal Finances Act 2017

by White & Case LLP on

The Criminal Finances Act 2017 came into force on 30th September 2017. It has introduced a new corporate criminal offence of failing to prevent tax evasion. This new offence is aimed at companies who have failed to put in...more

Georgetown E-Discovery Conference Recap: A “Must Attend” E-Discovery Educational Event

by Exterro, Inc. on

Are you looking to be educated by the best and brightest in e-discovery? Are you tired of conference sessions masked as educational but end up being vendor pitches in disguise? Do you want to learn beyond the theoretical? Are...more

New E-Discovery Guidance for Companies and Litigators

by Payne & Fears on

Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more

Court Calls Cost Shift for Review of Withheld Documents Disproportional

by Zapproved LLC on

Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017). In this trade secret theft case, the court granted the plaintiff’s request to review documents that the defendants had...more

Court Responds to ‘Fishing Expedition’ by Strictly Limiting Discovery

by Zapproved LLC on

Tingle v. Hebert, No. 15-626-JWD-EWD, 2017 U.S. Dist. LEXIS 88936 (M.D. La. June 8, 2017). In this wrongful termination case, the court partially granted the defendant’s motion to compel the production of the plaintiff’s...more

Further Disclosure? Yes, but Not at Any Cost

by Latham & Watkins LLP on

In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for...more

Nixing Discovery on Foreign Regulatory Submissions

by Reed Smith on

The cases we typically write about focus on events after medical products have made their way through the applicable regulatory process and been marketed in the United States. The marketed product is used, people claim to...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of August 13, 2017

by Carlton Fields on

Deposition Conduct - Use this against improper coaching by an opponent. IPS Group, Inc. v. Duncan Solutions, Inc., 2017 WL 3457141 (S.D. Cal. Aug. 11, 2017) (Counsel admonished for improperly using "calls for a legal...more

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Texas Supreme Court Says ‘Proportionality Is the Polestar’ in E-Discovery

by Zapproved LLC on

In re State Farm Lloyds, No. 15-0903, 2017 BL 177212 (Tex. May 26, 2017). In this discovery dispute, the Texas Supreme Court “elucidate[d] the guiding principles” that govern discovery by concluding that its state rules...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

by Carlton Fields on

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law

by CloudNine on

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., No. 15-638 (E.D. La., May 24, 2017), Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for...more

Court Balances the Realities of Social Media Discovery in Personal Injury Case

by Zapproved LLC on

Case Summary Reveals Court’s Opinion on Social Media for Discovery - Gordon v. T.G.R. Logistics, Inc., No. 16-CV-00238-NDF, 2017 WL 1947537 (D. Wyo. May 10, 2017). In this personal injury case, the court struck a...more

Texas Supreme Court Announces E-Discovery Guidelines

by Strasburger & Price, LLP on

Discovery of electronically stored information (ESI) plays an increasingly important—and expensive—role in litigation. With few opportunities to provide guidance on discovery disputes, the Texas Supreme Court recently seized...more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

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