Knotty Issues of eDiscovery
Parties seeking sanctions for lost electronically stored information have been before Federal Judges for nearly a decade. The 2015 Amendments to Federal Rule of Civil Procedure Rule 37(e) requires that a party seeking sanctions must show there was an “intent to deprive” them of the lost ESI. Two recent cases[…]
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Check out my new guest post “The Hound of Boilerplate Objections,” analyzing Judge Andrew Peck’s opinion in Fischer v. Forrest (S.D.N.Y. Feb. 28, 2017) 2017 U.S.Dist.LEXIS 28102, available on the the Everlaw Blog. Here is an excerpt from the post: Magistrate Judge Andrew Peck is one of the leading judges on[…]
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Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who email confidential information to their personal accounts and then delete the sent email from their work email account. The following is one such case where third party email providers were ordered[…]
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Social media is just another form of electronically stored information. Requests for social media in discovery have dramatically improved since the days of lawyers requesting entire Facebook profiles or Twitter accounts. Case in point, here is a defendant’s request for social media from a recent personal injury case: Produce all[…]
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Drafting discovery requests is an art. Knowing how to object is a skill. Producing responsive information takes both skills. Federal Courts are serious about objections now must “state with specificity” the reasons for an objection pursuant to Federal Rule of Civil Procedure Rule 34(b)(2(B). Judge Richard Bourgeois stated the following[…]
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United States Magistrate Judge Sallie Kim refused to order Defendants to use predictive coding to identify the location of responsive ESI. In re Viagra (Sildenafil Citrate) Prods. Liab. Litig., No. 16-md-02691-RS (SK), 2016 U.S. Dist. LEXIS 144925, at *51-53 (N.D. Cal. Oct. 14, 2016). This was the right decision based[…]
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The Plaintiff in a prisoner rights case sought emails related to an incident of self-harm on a specific date. The Defendants answered they did not have any responsive emails and could not respond. Carter v. Cummings, No. 16-cv-55-bbc, 2016 U.S. Dist. LEXIS 137118, at *7-8 (W.D. Wis. Oct. 3, 2016).[…]
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Arizona is home of many great wonders, from the Grand Canyon to the ASU Arkfeld eDiscovery Conference. I highly recommend visiting both. Arizona now has new Rules of Civil Procedure that will continue to help litigation with electronically stored information. The new Arizona Rules of Civil Procedure go into effect[…]
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A Defendant claimed they did not have to provide a privilege log pursuant to Federal Rule of Civil Procedure Rule 26(b)(5)(A)(ii). David Mizer Enters. v. Nexstar Broad., Inc. (C.D.Ill. Aug. 31, 2016, No. 14-cv-2192) 2016 U.S. Dist. LEXIS 117076, at *23-26. Let’s just say this is a non-traditional approach to[…]
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A Plaintiff was unsuccessful in a motion for the Defendants to pay her fees in opposing the Defendant’s motion to compel. The interesting twist in this case is recognizing the importance of informal discovery and alternative means to find relevant information. Gade v. State Farm Mut. Auto. Ins. Co., No.[…]
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