Knotty Issues of eDiscovery
A Plaintiff brought a motion for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b), based on the Defendant’s untimely production of ESI as non-searchable TIFFs without metadata. The Court denied the default sanction, but instead ordered the production in searchable format with metadata. Kwan Software Eng’g, Inc. v. Foray[…]
Read moreI have coached a high school mock trial team for the last four years. I am pleased to say we have 28 students on the team. We even have a student courtroom artist who practices at each meeting by sketching his classmates as they discuss case theory, arguments or rehearse[…]
Read morePuerto Rico once again has issued a thought provoking eDiscovery opinion. It’s about time we hold a conference there. The Court found the Plaintiff had offered sufficient evidence that the Defendant had a duty to preserve the personal email accounts of its former officers. The Court explained the email accounts[…]
Read moreWestdale Recap Props. v. Np/I&G Wakefield Commons is a serious case of “no, that’s not right.” It concludes with a Court telling a requesting party that requested ESI as native files that it had not “demonstrated an adequate need to have all the ESI produced in native format.” So much[…]
Read moreSome cases begin with such a “wow” introduction they have to be seen to be believed: To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants’ resisted providing required information in initial disclosures and resisted previous discovery[…]
Read moreA requesting party has a very difficult problem when a producing party has made a very small production that the requesting party believes is deficient. This situation quickly turns into the requesting party trying to prove a negative to the Court that a production is inadequate, without any evidence to[…]
Read moreThe best way to get requesting parties to take proportionality seriously is to award a prevailing party $71,611.52 for hosting eDiscovery for review and production. The taxation of eDiscovery costs pursuant to 28 U.S.C. 1920(3)-(4) warrants serious modification as we debate the proposed Amendments to the Federal Rules of Civil[…]
Read moreCalifornia Code of Civil Procedure 630.01 to .08 allows for expedited one day civil trials, where each side gets three hours to present their case. There are serious waivers, such as motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for[…]
Read more…[T]here is an additional, more persuasive reason to limit Apple’s production — the court is required to limit discovery if “the burden or expense of the proposed discovery outweighs its likely benefit.” This is the essence of proportionality — an all-to-often ignored discovery principle. Magistrate Judge Paul Grewal Apple Inc.[…]
Read moreJoshua Gilliland and Jason Krause from Nextpoint discuss the proposed Amendments to the Federal Rules of Civil Procedure. Public comment is now open on the proposed Rules. You can review the proposed Rules and submit public comments at www.uscourts.gov.
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