#CaseoftheWeek with Kelly Twigger: Latin Markets Brazil, LLC v. McArdle
“We all go a little mad sometimes” – for eDiscovery case law! Our October 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses forensic protocol negotiation and scope, sanctions for plaintiff in Bob...more
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
When it comes to ediscovery production, it’s absolutely advantageous to keep the end goal in mind from the outset. The duty to produce is explicitly outlined in the Federal Rules of Civil Procedure and most analogous State...more
Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more
In last month’s eDiscovery Blues, I wrote about how Information Governance can help legal teams prepare for the “Meet and Confer” conference set forth under the Federal Rules of Civil Procedure’s (FRCP) Rule 26(f). This...more
A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."...more
New York Bankruptcy Judge Sean Lean recently denied a Rule 2004 request because the movant sought documents for use in an unrelated litigation. In re Cambridge Analytica LLC, No. 18-11500, 2019 Bankr. LEXIS 1824 (Bankr....more
It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier. We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more
With some electronically stored information (ESI), what you see is what you get. A simple screenshot, PDF, or TIFF image may convey all the information that a litigant needs....more
In the hustle and bustle of ediscovery planning, we often focus more on the content of discoverable information than we do on its form. For example, in a hostile-workplace claim, you may know that you want all of the...more
With 2018 at a close, it is a great time to look back on the most year’s most influential eDiscovery cases. This four-part series will cover the biggest themes found in case law, starting with scope and proportionality....more
With the proliferation of workplace and personal electronically stored information (“ESI”) these days, it may be a scary proposition for any litigant to deal with the preservation, collection, review, and production of this...more
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
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
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
It is well established that courts will support parties electing to use technology assisted review (TAR) to identify responsive documents in discovery. However, TAR methodologies and quality control (QC) measures are still...more
Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more
California’s Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. On July 13, 2017, the...more
The seventh 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
Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit recently held that a district court did not abuse its discretion when it declined to enforce a far-reaching EEOC administrative subpoena relating to one...more
Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016) - In this case, pending before the Court was a motion by Armstrong Pump Inc. (“Armstrong”) to compel formal production of certain...more
The fifth 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