Knotty Issues of eDiscovery
Magistrate Judge Stanley Boone had to straighten out a form of production dispute in a consumer protection case over curling irons. As the parties in this case learned, sometimes the form of production needs a detangler. The Plaintiffs requested ESI to be produced in native file format or TIFF with[…]
Read moreThere are Case Management Orders that show parties spent a lot of time considering eDiscovery issues. There are the ones that show a lack of thought. There are ones that are mixed. This one shows a lot of forethought, but I am puzzled by the form of production. Technology Assisted[…]
Read moreJudge 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 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[…]
Read moreMy grandfather grew up a plain spoken farmer in Iowa. He had a bow tie wearing attorney uncle who also knew how to sum up an issue. It is very nice to see a clearly stated order on the form of production from the Northern District of Iowa, Eastern Division[…]
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 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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