Knotty Issues of eDiscovery
We have a new case applying Federal Rule of Civil Procedure Rule 37(e): Living Color Enterprises v New Era Aquaculture. My thanks to attorney Chris Dix from the law firm of Smith, Hulsey, & Busey for sending me this case. Chis joined me for a podcast to discuss the case,[…]
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A Plaintiff sought from the Defendant the Plaintiff’s entire work email inbox from 2001 to present “in unrestricted and searchable ‘PST’ file format.” Odeh v. City of Baton Rouge E. Baton Rouge (M.D.La. Mar. 29, 2016, No. 14-793-JJB-RLB) 2016 U.S. Dist. LEXIS 41079, at *7-8. In addition to the fact[…]
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California has set the gold standard for eDiscovery competency with Formal Opinion 2015-193. I have a new CLE presentation on the new opinion that discusses how California attorneys can meet their duty of competency to their clients. Check out my podcast discussing these issues and more.
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There is good news on the new Amendments to the Federal Rules of Civil Procedure: Magistrate Judges are applying proportionality analysis like it is a shiny new toy. Magistrate Judge Tom Baker in Indiana weighed in on expedited discovery in advance of a preliminary injunction hearing. Southeast Fin. Credit Union[…]
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I had the privilege of attending the 5th Annual ASU Arkfeld eDiscovery and Digital Evidence Conference. Michael Arkfeld, Robert Singleton, Joy Allen Woller, and the planning committee did an excellent job organizing an excellent event. The conference topics covered everything from big data analysis to the new Amendments to the[…]
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Magistrate Judge Howard Lloyd engaged in very granular analysis of discovery requests for email messages in a wage and hour case. This type or analysis is a mainstay in many motions over discovery requests, but likely will be more common as Federal Courts conduct proportionality analysis. The Court first summarized[…]
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Proportionality analysis is making its way into judicial opinions with outright citing the Federal Rules of Civil Procedure. US District Court Judge Robert Bryan in Washington limited additional searches of email based on proportionality and overbroad search requests. Moore v. Lowe’s Home Ctrs., LLC (W.D.Wash. Feb. 19, 2016, No. 14-1459[…]
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There are many lawyers who have an unnatural fear of producing associated metadata with ESI productions. I have always viewed this as producing printed paper without ink on the pages. This is one of cases where I scratch my head at the way the Federal Rules of Civil Procedure is[…]
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The new Amendments to the Federal Rules of Civil Procedure are bringing new voices to discuss eDiscovery. Magistrate Judge Nina Y. Wang issued a thoughtful opinion of the new Rules in Kissing Camels Surgery Ctr., LLC v. Centura Health Corp. (D.Colo. Jan. 22, 2016, Civil Action No. 12-cv-03012-WJM-NYW) 2016 U.S. Dist.[…]
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Discovery disputes often result in strong judicial rebukes. Then there are the judges who work in a good Star Wars reference in an opinion. This case has both. Judge Richard Jones must have felt he was dealing with a phantom menace of discovery disputes, because most of the issues in[…]
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