Knotty Issues of eDiscovery
Judge G.R. Smith issued a great reminder that lawyers must “stop and think” when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is “an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and[…]
Read moreJudge G.R. Smith issued a great reminder that lawyers must “stop and think” when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is “an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and[…]
Read moreUS Senior District Judge John Kane took on multiple discovery disputes against a Plaintiff in a wage an hour case. It is an amazing case study of what could be requested in a case. Requesting Communications Off the Girlfriend’s Computer The Defendants requested all ESI communications regarding the case, which[…]
Read moreIt is not every day you see lawsuits about insurance policies from 1986 to 1987. Add Judge Paul Grimm’s powerhouse footnotes and you get a great lesson in document retention policies and litigation holds (plus a great footnote on the state of mind exception to hearsay for all the evidence[…]
Read moreLegal Tech New York is quickly approaching. I sat down with friends who are eDiscovery leaders and asked them three basic questions: What are big eDiscovery issues for 2014? What are the tech solutions? What can we learn from you at LTNY? We also discussed upcoming geek movies in 2014.[…]
Read moreLegal Tech New York is quickly approaching. I sat down with friends who are eDiscovery leaders and asked them three basic questions: What are big eDiscovery issues for 2014? What are the tech solutions? What can we learn from you at LTNY? We also discussed upcoming geek movies in 2014.[…]
Read moreJudge Young B Kim posed an interesting question for a party seeking costs for the hosting of ESI to review: Applying these principles [Race Tires, Rawal, & Johnson] to the specific question of online hosting costs, this court finds that these costs may be recoverable only if hosting amounted to “copying”[…]
Read moreIn an insurance dispute over coverage, a Plaintiff sought production of electronically stored information in native file AND TIFF format after the Defendant produced discovery in hard-copy format. The Defendant opposed re-producing in native file format and sought cost-shifting if required to produce natively. Mancino v Fingar Ins. Agency, 2014 N.Y.[…]
Read more2013 was a very interesting year for case law. My video re-cap focuses on litigation holds, proportionality and the taxation of costs. I also had a little fun with the video editing. Some of the cases discussed in the video include: AMC Tech., LLC v. Cisco Sys., 2013 U.S. Dist.[…]
Read moreI have served as the chairman of the SCCBA Law Related Education Committee for the last two years. Our main area of responsibility is running the county mock trial tournament in February for over 400 students. These are the closing days of my two terms. I have been fairly reflective[…]
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