Knotty Issues of eDiscovery
A 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.
Read moreIn a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three[…]
Read moreeDiscovery requires attorneys to use technology to be successful in the collection, data reduction and review of electronically stored information. I recently discussed with another eDiscovery attorney the differences with legal conferences and events such as San Diego Comic Con or D23. Minus the people in cosplay, the “geek” shows[…]
Read moreSome cases are a two for one deal. This one covers HIPPA and social media. No End-Run Around HIPAA The Defendants sought a protective order to communicate directly with the Plaintiff’s health care providers without notice to the Plaintiff’s attorney and outside of the attorney’s presence. Ford v. United States,[…]
Read moreJason Krause from Nextpoint and I sat down to discuss eDiscovery Cloud Services as a way to control costs and help small firms. We addressed selecting a cloud service provider, confidentiality and service agreements. The cases referenced on costs: Adair v. EQT Prod. Co., 2012 U.S. Dist. LEXIS 90250,[…]
Read moreA Plaintiff sought the production of metadata of a Word document that was created after the commencement of the lawsuit. The Word document was the Chinese translation of hours the Plaintiff, a nanny and housekeeping, worked for the Defendants. Wang v. Yao, 2013 U.S. Dist. LEXIS 70352, 4-6 (E.D.N.Y. May 17,[…]
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