Knotty Issues of eDiscovery
Privilege logs require more than merely saying a prospectively privileged document is an “attorney-client communication.” This requires litigants to conduct privilege review with far more analysis than simply tagging discovery “Attorney Client Privilege” or “Work Product Conduct.” The case of United States v. State & La. Dep’t of Health &[…]
Read moreWhat happens when a lawyer inadvertently produces an email protected by the attorney-client privilege? A Magistrate Judges and District Court Judge orders the receiving party to destroy the inadvertently produced email. Iowa is the home of where John Atanasoff invented the first computer in 1939. It is also the home of[…]
Read moreRosemary Woods was not involved in this document production. In motion practice over the adequacy of a production, the Plaintiffs were able to show that the Producing Party did not produce 18 email messages that were produced by a third-party. As such, the Plaintiff sought production of search efficiency reports[…]
Read moreI prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer breached their standard of care or is this issue one a jury can decide on their own?[…]
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Fighting over discovery search methodology makes me think of President Richard Nixon’s resignation speech: “Always remember, there are those who hate you. And the only way to keep them from winning is to hate them right back. And then you destroy yourself.” Attacking a party who used predictive coding to[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
Read moreI am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]
Read moreTips on reviewing electronic discovery, including issue tagging for causes of action or defenses and eDiscovery project management.
Read moreIn a case involving claims of copyright infringement of fabric design, the tapestry of the Plaintiff’s discovery production was challenged, including allegations the Plaintiff: Neglected to search for and produce several categories of documents; and Deleted relevant emails. The Defendants sought an order permitting a forensic examination of Plaintiff’s computer[…]
Read moreAirlines don’t just lose luggage. In antitrust litigation over airline baggage fees, a Court sanctioned Delta for not conducting a reasonable inquiry and a “huge hole” in their eDiscovery process. In re Delta/AirTran Baggage Fee Antitrust Litig., 2012 U.S. Dist. LEXIS 13462, 41-43 (N.D. Ga. Feb. 3, 2012). Flight Plan[…]
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