Knotty Issues of eDiscovery
Not all native files are in a “reasonably useable form.” To borrow from the Dark Knight, sometimes, producing native files as PDF’s with metadata is the “reasonably useable” form you deserve, but not the one you need for convenient document review. A Plaintiff sought a native file production from a[…]
Read moreTaxation of cost cases can get funky. One such example is where a party sought costs for discovery to be produced in “OCR” format. The Court went on to state: “The scanning and conversion of native files to the agreed-upon format for production of ESI constitutes ‘making copies of materials’[…]
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?[…]
Read moreTaxation of cost cases involving eDiscovery often end with the prevailing party not recovering any costs. However, in the true spirit of “think different,” Apple was able to recover $238,102.66 in costs for “the amounts associated with electronic preparation and duplication, not the intellectual effort involved in the production, such[…]
Read moreI do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his Dynamo Holdings opinion. The discovery dispute can be summed up as a battle over backup tapes that had confidential information. The Requesting Party wanted the tapes; the Producing[…]
Read moreI was deeply saddened to learn of the passing of Browning Marean. Both Craig Ball and Chris Dale have written very eloquently about Browning. I encourage you to read both of their tributes. Browning Marean was the senior statesman of eDiscovery. There are few people who had the grace and[…]
Read moreThe Texas Supreme Court has clarified the standards for spoliation (in Texas). The rule is that Texas has a two-step process: (1) the Trial Court must determine, as a question of law, whether a party spoliated evidence, and (2) if spoliation occurred, the Court must assess an appropriate remedy. Brookshire Bros.,[…]
Read moreThere are many great blogs for attorneys. The ABA Journal is now accepting “Friends of the Blawg” briefs in the annual ABA Journal Blawg 100. Nominations can be submitted on the ABA Journal website. There are many great litigation blogs. Here are some of my favorites: Craig Ball’s Ball in[…]
Read moreWhat do parties do when they anticipate documents, testimony, or information containing or reflecting confidential, proprietary, trade secret, and/or commercially sensitive information are likely to be disclosed or produced during the course of discovery, initial disclosures, and supplemental disclosures in a case? Agreeing to a protective order is a the solution[…]
Read moreThe Defendants in employment litigation sought the mirror imaging of the Plaintiff’s personal computers three years after she had been terminated. The crux of the eDiscovery centered on the former employee forwarding emails from her supervisors email to her personal account, which the Defendants claimed were lost by the Plaintiff. The Court[…]
Read more