Knotty Issues of eDiscovery
Judge Paul Cherry wrote a masterful opinion involving an EEOC motion to compel production of agreed upon production formats. The case is an excellent example of the issues very alive over the form of production, understanding technology, educating the Court with expert affidavits, and the value of the meet and[…]
Read moreAnderson Living Trust v. WPX Energy Prod., LLC, 2014 U.S. Dist. LEXIS 31025, 3-4 (D.N.M. Mar. 6, 2014), is a detailed review of production requirements under Federal Rule of Civil Procedure Rule 34(b)(2)(E). The crux of the case centered on whether scanning paper documents to PDF’s made the discovery “electronically[…]
Read moreA Defendant sought reconsideration of a Court order allowing discovery on their document retention policies and litigation hold strategy on the grounds 1) the order was premature and 2) it was irrelevant and not discoverable. Cactus Drilling Co. v. Nat’l Union Fire Ins. Co., 2014 U.S. Dist. LEXIS 45251, 11-14[…]
Read moreYou know someone is taking a hit when a judge works in references to Pink Floyd’s “Sorrow” and Simon and Garfunkel’s “Sounds of Silence.” Sound the Division Bell, because there is a Bridge Over Troubled Water. Magistrate Judge Jonathan Goodman did exactly that in Procaps S.A. v. Patheon Inc., 2014 U.S. Dist. LEXIS 35225[…]
Read moreYou know someone is taking a hit when a judge works in references to Pink Floyd’s “Sorrow” and Simon and Garfunkel’s “Sounds of Silence.” Sound the Division Bell, because there is a Bridge Over Troubled Water. Magistrate Judge Jonathan Goodman did exactly that in Procaps S.A. v. Patheon Inc., 2014 U.S. Dist. LEXIS 35225[…]
Read moreBrowning Marean is one of the best minds on eDiscovery. He is a friend and recently has been fighting cancer. I wish him a speedy recovery and am very glad he has a favorable prognosis. One of Browning’s defining traits is caring about others. I have always enjoyed my video[…]
Read moreIt is not a good day when you seek $60,572.61 for eDiscovery costs as a prevailing party and only get $25.48. Don’t spend it all in one place. The Court denied the eDiscovery costs applying Race Tires America, Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012), because[…]
Read moreDefendants in a discovery dispute produced data from a timekeeping database as PDF’s. The Plaintiffs objected, arguing their expert would need to spend 300 to 500 hours converting the PDF’s into a database. The Defendants countered that it would take a team of three to four people between three to[…]
Read moreThank You Litigation World! This article won the LitigationWorld Pick of the Week award. The editors of LitigationWorld, a free weekly email newsletter for litigators and others who work in litigation, give this award to one article every week that they feel is a must-read for this audience. A defendant[…]
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Thank You Litigation World! This article won the LitigationWorld Pick of the Week award. The editors of LitigationWorld, a free weekly email newsletter for litigators and others who work in litigation, give this award to one article every week that they feel is a must-read for this audience. A defendant[…]
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