Knotty Issues of eDiscovery
Judge Paul Cherry wrote a masterful opinion involving an EEOC motion to compel production of agreed upon production formats. The case is an excellent example of the issues very alive over the form of production, understanding technology, educating the Court with expert affidavits, and the value of the meet and[…]
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 moreDefendants in a discovery dispute produced data from a timekeeping database as PDF’s. The Plaintiffs objected, arguing their expert would need to spend 300 to 500 hours converting the PDF’s into a database. The Defendants countered that it would take a team of three to four people between three to[…]
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Thank You Litigation World! This article won the LitigationWorld Pick of the Week award. The editors of LitigationWorld, a free weekly email newsletter for litigators and others who work in litigation, give this award to one article every week that they feel is a must-read for this audience. A defendant[…]
Read moreThank You Litigation World! This article won the LitigationWorld Pick of the Week award. The editors of LitigationWorld, a free weekly email newsletter for litigators and others who work in litigation, give this award to one article every week that they feel is a must-read for this audience. A defendant[…]
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 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 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 moreA Plaintiff brought a motion for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b), based on the Defendant’s untimely production of ESI as non-searchable TIFFs without metadata. The Court denied the default sanction, but instead ordered the production in searchable format with metadata. Kwan Software Eng’g, Inc. v. Foray[…]
Read moreWestdale Recap Props. v. Np/I&G Wakefield Commons is a serious case of “no, that’s not right.” It concludes with a Court telling a requesting party that requested ESI as native files that it had not “demonstrated an adequate need to have all the ESI produced in native format.” So much[…]
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