Knotty Issues of eDiscovery
In my new guest post for Everlaw, Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI, I analyze the case of Bird v. Wells Fargo Bank, 2017 U.S. Dist. LEXIS 49675 (E.D. Cal. March 31, 2017) and discuss best practices for document review. Many[…]
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Litigation can be a stressful experience. Attorneys are justifiably upset when they make what they think are effective discovery requests and the response seems lacking. The following case has important lessons on being very specific with a motion to compel and the remedy sought. In a collective action over whether[…]
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Discovery can be a challenge. It can get really ugly if the parties have not agreed on the scope of a case. The case of Elhannon LLC v. F.A. Bartlett Tree Expert Co., involves multiple discovery disputes in a case involving allegations of consumer fraud and breach of contract. The[…]
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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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Social media is just another form of electronically stored information. Requests for social media in discovery have dramatically improved since the days of lawyers requesting entire Facebook profiles or Twitter accounts. Case in point, here is a defendant’s request for social media from a recent personal injury case: Produce all[…]
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Drafting discovery requests is an art. Knowing how to object is a skill. Producing responsive information takes both skills. Federal Courts are serious about objections now must “state with specificity” the reasons for an objection pursuant to Federal Rule of Civil Procedure Rule 34(b)(2(B). Judge Richard Bourgeois stated the following[…]
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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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A Plaintiff was unsuccessful in a motion for the Defendants to pay her fees in opposing the Defendant’s motion to compel. The interesting twist in this case is recognizing the importance of informal discovery and alternative means to find relevant information. Gade v. State Farm Mut. Auto. Ins. Co., No.[…]
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A Plaintiff sought the production of email and text messages from the Defendant in an employment case with civil rights causes of action. Elkharwily v. Franciscan Health Sys. (W.D.Wash. June 30, 2016, No. 3:15-cv-05579-RJB) 2016 U.S. Dist. LEXIS 85651, at *2-3. The Defendants objected on several privilege grounds, plus the fact[…]
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Responding to requests for production requires the producing party to have a plan for document review. What defines that an email message is responsive? What are the privileges in the case? What information needs to be redacted for production? How are privileges asserted in a privilege log? Lawyers who do[…]
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