Knotty Issues of eDiscovery
Rule 26(f) requires parties to discuss the preservation of electronically stored information during the meet and confer process. If we think of the meet and confer like the Staff of Ra in Raiders of the Lost Ark in identifying what needs to be preserved, the parties went digging for a[…]
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Producing discovery as large PDFs is a sure way to end up in motion practice. In White v Wiseman, such a production was called “nonresponsive to the discovery requests.” White v Wiseman, 2020 U.S. Dist. LEXIS 119121, *2 (D. Utah, July 6, 2020). Here is what happened: the Producing Party[…]
Read moreAnderson Living Trust v. WPX Energy Prod., LLC, 2014 U.S. Dist. LEXIS 31025, 3-4 (D.N.M. Mar. 6, 2014), is a detailed review of production requirements under Federal Rule of Civil Procedure Rule 34(b)(2)(E). The crux of the case centered on whether scanning paper documents to PDF’s made the discovery “electronically[…]
Read moreThe important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably[…]
Read moreThis case is my eDiscovery nightmare. Worse than a clown with snakes. Let’s review what happened. The case involved numerous allegations of discovery wrongdoing against the Plaintiff. The Defendants brought a motion for “discovery abuses intended to harass defendants, cause unnecessary delay, and needlessly increase the cost of litigation.” The[…]
Read moreA court should be hesitant to resolve issues that demand technical expertise. Magistrate Judge James C Francis IV In a case with dueling motions to compel, the parties disputed the adequacy of search terms. Magistrate Judge James C Francis IV wrote a profoundly important warning to attorneys and judges on[…]
Read moreThere are judges who have a way with words when they want to make a point. One example of such judicial prose was by Magistrate Judge Gregory G. Hollows in Botell v. United States: At this juncture, the United States has purportedly been looking for documents for months, yet the[…]
Read moreTips on reviewing electronic discovery, including issue tagging for causes of action or defenses and eDiscovery project management.
Read moreIn a dispute over a will and deed transfer, a New York State Court ordered the examination of a lawyer’s computer. The idea of an attorney’s computer being searched by third parties should scare lawyers to death. The attorney objected on the grounds the examination would violate the attorney-client privilege[…]
Read moreAlso Posted on frank! The Nextpoint Blog There are phrases a lawyer never wants to hear a judge say. One is your law firm “acted negligently in failing to comply with its discovery obligations.” Another is your client “acted willfully in failing to comply with its discovery obligations and assist[…]
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