Knotty Issues of eDiscovery
Two ways to improve discovery productions is to clearly state the form of production in the discovery request and to have a meaningful meet and confer about producing discovery. Failing to do either can result in motion practice. In this dispute, the requesting party claimed the electronically stored information (ESI)[…]
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Lawsuits are about people. Who did what when is the crux of every dispute. Living in an age where people can send email, text, and chat from their phones, there can be a lot of places to look for discoverable data in a dispute. The proliferation of data could make[…]
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Cloud hosted repositories can be very effective in controlling eDiscovery costs. Data can be hosted and access shared to the litigants to review specific data. Permissions can be devised so neither side can see the work product of the other, only the data. The California Court of Appeal weighed in[…]
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The drafters of the Federal Rules of Civil Procedure did not add words as filler for Rule 26(a)(1). Litigants are required to disclose “the name and, if known, the address and telephone number of each individual likely to have discoverable information.” Furthermore, parties must provide copies or descriptions of “all[…]
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Maintaining the parent-child relationship in productions is a long recognized requirement. A Defendant that switched archiving applications learned how tricky preservation can be in a lawsuit when attachments were not included with the parent email in a production. Here is what happened: The Defendant used Mimosa to achieve email prior[…]
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Discovery gamesmanship is annoying. A party failing to produce email is obnoxious. Can a party that fails to produce four emails that were available from other sources be grounds for sanctions? In a contract dispute over whether there were grounds to terminate a master service agreement, the Requesting Party sought[…]
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Records management can be extremely complex. So can the preservation of evidence and responding to discovery requests. In a case involving Fair Credit Report Act claims, Equifax objected to discovery requests for consumer dispute information. The Producing Party claimed that the requested information was not in a “readily accessible format,[…]
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Bow Tie Law first went live on December 30, 2008. I want to thank everyone who has been a steadfast reader and friend over the last 10 years. I wanted to share the “origin story” of the blog on its anniversary. I first started wearing bow ties in January 2007.[…]
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December 1, 2006 seems like a lifetime ago when the Federal Rules of Civil Procedure first truly incorporated rules for electronically stored information. It was a time before to iPhones, Netflix, or Marvel movies. Fast-forward to the end of 2018 and attorneys are still having challenges with producing electronically stored[…]
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I have never been a fan of Courts limiting how many search terms parties can use to find responsive ESI with no regard for how searches in review applications work. That is right up there with blaming high litigation costs because lawyers read. Limiting search terms also could limit the[…]
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