I Fought the Law…The Government’s Discovery Obligations in Civil Litigation

“Like any ordinary litigant, the Government must abide by the Federal Rules of Civil Procedure. It is not entitled to special consideration concerning the scope of discovery, especially when it voluntarily initiates an action.”  Judge Scheindlin once again delivered a powerful opinion with SEC v Collins & Aikman Corporation 2009[…]

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Court Orders OCR of Scanned Paper Documents, or Don’t Go to Court Claiming OCR will Cost $200,000

“OCR, while perhaps not absolutely necessary to litigation, is a tool that greatly decreases the time and effort counsel must invest in searching and examining documents. Presumably, each party would perform the OCR process in a cost-effective manner to minimize their costs. Requiring the parties to incur this cost, when[…]

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Whose Search Term is it Anyway?

In Spieker v. Cherokee, 2008 U.S. Dist. LEXIS 88103 (D. Kan. Oct. 30, 2008), the parties became entangled in a dispute over who created search terms for a set of specific discovery requests.  The Plaintiff had served the Defendant with specifically defined Federal Rule of Civil Procedure Rule 34 requests[…]

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Production of Text Messages Protocol

The sensitivity courts are showing to text messages and public employees’ reasonable expectation of privacy has been very impressive.  This sensitivity is evident in cases such as Quon v. Arch Wireless Operating Co., Inc., which found that a police officer had a reasonable expectation of privacy in his messages, due[…]

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