Knotty Issues of eDiscovery
Check out my new guest post “The Hound of Boilerplate Objections,” analyzing Judge Andrew Peck’s opinion in Fischer v. Forrest (S.D.N.Y. Feb. 28, 2017) 2017 U.S.Dist.LEXIS 28102, available on the the Everlaw Blog. Here is an excerpt from the post: Magistrate Judge Andrew Peck is one of the leading judges on[…]
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The Plaintiff in a prisoner rights case sought emails related to an incident of self-harm on a specific date. The Defendants answered they did not have any responsive emails and could not respond. Carter v. Cummings, No. 16-cv-55-bbc, 2016 U.S. Dist. LEXIS 137118, at *7-8 (W.D. Wis. Oct. 3, 2016).[…]
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Arizona is home of many great wonders, from the Grand Canyon to the ASU Arkfeld eDiscovery Conference. I highly recommend visiting both. Arizona now has new Rules of Civil Procedure that will continue to help litigation with electronically stored information. The new Arizona Rules of Civil Procedure go into effect[…]
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Agreements to produce ESI solely from search term hits suffers a very fatal flaw: the results are not guaranteed to be relevant to the case. The parties who provided payment mechanisms for drivers of rental cars to pay highway tolls agreed to produce ESI responsive to the following search terms: Smartphone[…]
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Parties objecting to requests for production cannot simply state the words not “relevant or proportional to the needs of the case,” in the hopes a Judge will sing along like its Purple Rain. Proportionality has to be proven with facts, and lawyers who fail to do so will know what[…]
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California has set the gold standard for eDiscovery competency with Formal Opinion 2015-193. I have a new CLE presentation on the new opinion that discusses how California attorneys can meet their duty of competency to their clients. Check out my podcast discussing these issues and more.
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There is good news on the new Amendments to the Federal Rules of Civil Procedure: Magistrate Judges are applying proportionality analysis like it is a shiny new toy. Magistrate Judge Tom Baker in Indiana weighed in on expedited discovery in advance of a preliminary injunction hearing. Southeast Fin. Credit Union[…]
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I had the privilege of attending the 5th Annual ASU Arkfeld eDiscovery and Digital Evidence Conference. Michael Arkfeld, Robert Singleton, Joy Allen Woller, and the planning committee did an excellent job organizing an excellent event. The conference topics covered everything from big data analysis to the new Amendments to the[…]
Read moreI have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. That position is wrong. Lawyers have a duty of competency to their client, and candor to the court, to look at what[…]
Read moreI am honored Bow Tie Law has been nominated for The Expert Institute’s Best Legal Blog Contest. I am very humbled by those who nominated Bow Tie Law. My blog received enough nominations to be one of the 250 legal blogs in this contest out of 2,000 potential nominees. There are many excellent blogs in the Technology[…]
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