Knotty Issues of eDiscovery
If there is a maximum with electronically stored information, parties can fight over basic searches and production formats. These problems often could be reduced, if not eliminated, by retaining a computer forensic expert for collecting responsive data. This is one of those cases where the producing party also wanted to[…]
Read more
Every lawyer has seen productions of electronically stored information that is one massive PDF comprising hundreds of email and attachments. Many attorneys greet the frustration of having to review such a production in balancing the cost of a motion to compel against the couple of hours it can take to[…]
Read more
It is a good practice to state the form of production of production in the request for production. Consider the following words of wisdom: Both Federal Rule of Civil Procedure 26(f) and this Court’s January 16, 2018 Order Setting Rule 16 Conference (ECF No. 9) required the parties discuss during[…]
Read more
There are some big “no-no’s” in civil litigation. Printing ESI before scanning it as a few PDFs totalling 8,000 pages for production is one of them. This case had that bad life choice plus a few more. The Form of Production This is a case with multiple defendants getting into[…]
Read more
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 more
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)[…]
Read more
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[…]
Read more
There are form of production cases that make me mutter, “Say what?” This is one of those cases. In the present case, the parties argued whether they needed to produce ESI as native files or PDFs. The Defendant claimed it would cost a total of $3,000 more to produce ESI[…]
Read more
The new Amendments to the Federal Rules of Civil Procedure are bringing new voices to discuss eDiscovery. Magistrate Judge Nina Y. Wang issued a thoughtful opinion of the new Rules in Kissing Camels Surgery Ctr., LLC v. Centura Health Corp. (D.Colo. Jan. 22, 2016, Civil Action No. 12-cv-03012-WJM-NYW) 2016 U.S. Dist.[…]
Read morePick your battles is a truism in form of production disputes. In Feist v. Paxfire, Inc., the Plaintiff alleged the Defendant made multiple discovery abuses, from producing email in .msg format and not as TIFF, to making an “intentionally burdensome production.” Feist v. Paxfire, Inc., 2015 U.S. Dist. LEXIS 145024[…]
Read more