News & Analysis as of

Proportionality

Esquire Deposition Solutions, LLC

Failure to Schedule Depositions Together Was Discovery Abuse

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2025 - April 28th, 1:00 pm - 2:00 pm ET

eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more

EDRM - Electronic Discovery Reference Model

From Texts to Trials: The Impact of Mobile Data on eDiscovery Today

Mobile devices have fundamentally reshaped how we communicate, work, and live. With 91 percent of Americans owning a smartphone and spending nearly five hours per day on these devices, mobile devices have become integral to...more

Fisher Phillips

7 Best Privacy Practices for Employers When Using Geolocation Tools to Track Workers

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Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more

Array

This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more

Array

This Week in eDiscovery: Insights From Recent Conferences | Preparing a Proportionality Challenge

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 10-16. Here’s what’s...more

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

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On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

Association of Certified E-Discovery...

[Event] eDiscovery Convergence 2024: From Basics to Breakthroughs in eDiscovery - November 20th, Toronto, ON, Canada

Join Us for eDiscovery Convergence 2024! This event is proudly hosted by the Ontario Digital Evidence and eDiscovery Working Group (DEED) and the Toronto Chapters of The Association of Certified eDiscovery Specialists...more

Association of Certified E-Discovery...

[Webinar] Negotiating the Scope of E-Discovery: Proportionality and Pre-Trial Preparation in Complex Litigation - November 1st,...

As the cost associated with e-discovery continues to rise, the focus on proportionality has become much more common. This presentation will offer best practices for engaging in proportionality discussions and successfully...more

Epiq

The Sedona Conference Commentary on Proportionality in Cross-Border Discovery: A Brief Overview

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The Sedona Conference (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure recently published their Commentary on Proportionality in Cross-Border Discovery (Commentary)...more

StoneTurn

Mastering The High Stakes of Insider Risk Management

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Navigating the dynamic landscape of insider risk management requires a nuanced understanding of organisational dynamics, culture and regulatory imperatives. The costs (both direct and indirect) of getting it wrong are high,...more

Hanzo

Navigating Cost and Proportionality in eDiscovery: A Business Perspective

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In the evolving landscape of digital information, eDiscovery has become an essential aspect of legal processes, serving as a crucial tool for uncovering relevant evidence in litigation. However, with the rapid growth of...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Array

This Week in eDiscovery: What’s Behind Last Year’s Increase In eDiscovery Decisions, eDiscovery by Design, and Text Message Gaps...

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 3-10. Here’s what’s...more

Hanzo

Transforming Legal Landscapes: AI’s Role in Enhancing Proportionality in eDiscovery

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In today’s digital era, the process of eDiscovery plays a crucial role in the legal system. It’s like a detective’s quest to uncover the truth hidden within vast digital realms of data. However, this quest is often hindered...more

BakerHostetler

Supreme Court will not review judgment-sharing agreement among defendants in Broiler Chicken Case

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In its Jan. 8 order list, the Supreme Court declined to hear an appeal concerning a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Association of Certified E-Discovery...

Technocat Tidbits: What are the Rules for eDiscovery?

In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

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Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2023 - April 20th, 1:00 pm - 2:15 pm ET

We’re ready to “spring” into new eDiscovery case law disputes! Our April 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a dispute over search terms and custodians for a...more

Hanzo

Ediscovery New Year's Resolution: Put Your Data Collections on a Diet

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It’s already February, and chances are, most of us have already broken our New Year’s Resolutions. But no matter the time of year, when it comes to your ediscovery workflow, it’s never too late to trim the data you're...more

Epiq

2022 eDiscovery Case Roundup: Protocols, Preservation, and Party Cooperation

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As 2023 begins it is time once again to reflect on the most interesting eDiscovery cases from last year. Trends are always evolving in this dynamic space and eDiscovery professionals cannot afford to snooze on this review....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

TransPerfect Legal

Takeaways from Georgetown Law’s AEDI Keynote

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The Georgetown Law Advanced eDiscovery Institute (AEDI) held in Washington, D.C., always presents as an outstanding educational experience even for the most sophisticated e-discovery attorney. This year was no exception....more

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