Knotty Issues of eDiscovery
Judge 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[…]
Read moreHere is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well beyond the scope of any permissible discovery by seeking irrelevant or privileged documents used to tell the algorithm[…]
Read moreMagistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form? The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the[…]
Read moreJessica Mederson and I are thrilled the editors of ABA Journal selected The Legal Geeks as one of the top 100 best blogs for a legal audience. We would appreciate your vote for us in the ABA Journal Blawg 100 “For Fun” category! Jessica Mederson and I started The Legal Geeks in[…]
Read moreThere is a strong trend in case law for 2013: Judges understand the form of production. Magistrate Judge Donna Martinez brought home this point in Saliga v. Chemtura Corp. The Plaintiff requested ESI in native file format. The Defendant objected. However, the objection was not based on undue burden or proportionality,[…]
Read moreThe form of production is a lot like ordering a pizza: say what you want. Thin crust, sauce, topping. All are things you can order. Requesting electronically stored information is exactly the same. You can request native files and types of metadata just like you are ordering a pizza. You[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
Read more