Knotty Issues of eDiscovery
The duty to preserve is a tricky beast. Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. There are times when it is very obvious that a party[…]
Read moreThe new Federal Rules of Civil Procedure are not as exciting as Star Wars The Force Awakens, but there differently has been an awakening on proportionality. There are those who fear eDiscovery, thus feel the new Rule 26 empowers them to object to every request for production on the grounds[…]
Read moreI have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. That position is wrong. Lawyers have a duty of competency to their client, and candor to the court, to look at what[…]
Read moreThe form of production and metadata are center of many motions in compel. One such battle was fought in a case in Alaska regarding insurance coverage. The requesting party sought the production of an affidavit of a deceased insured that was key to determining whether a vehicle was covered or[…]
Read morePick your battles is a truism in form of production disputes. In Feist v. Paxfire, Inc., the Plaintiff alleged the Defendant made multiple discovery abuses, from producing email in .msg format and not as TIFF, to making an “intentionally burdensome production.” Feist v. Paxfire, Inc., 2015 U.S. Dist. LEXIS 145024[…]
Read moreOh, Rule 34. You are the code section that keeps giving. Under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i), a party “must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.” A Plaintiff brought[…]
Read moreThe Plaintiffs and Defendants in a SEC case highlight the importance of proportionality between asymmetrical parties. In such cases, one side has all of the electronically stored information for discovery requests; the other side does all the requesting. However, the smaller party can have an extremely high burden reviewing any[…]
Read moreI am honored Bow Tie Law has been nominated for The Expert Institute’s Best Legal Blog Contest. I am very humbled by those who nominated Bow Tie Law. My blog received enough nominations to be one of the 250 legal blogs in this contest out of 2,000 potential nominees. There are many excellent blogs in the Technology[…]
Read moreAlternative Title: Thank God Dropbox Does Not Need to Provide a PMK Witness Every Time Somebody is Sued Dropbox was subpoenaed as a non-party to provide a deposition witness to testify about its business, practices, and technology, in a Texas lawsuit. All of this information is publicly available on Dropbox’s website.[…]
Read moreIn a case over bad faith litigation and whether costs were recoverable, a Court recognized the importance of those who perform eDiscovery work. The crux of the issue is that clerical work is not a recoverable cost, while the work a paralegal does to support an attorney is recoverable. Would[…]
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