Knotty Issues of eDiscovery
In a case over bad faith litigation and whether costs were recoverable, a Court recognized the importance of those who perform eDiscovery work. The crux of the issue is that clerical work is not a recoverable cost, while the work a paralegal does to support an attorney is recoverable. Would[…]
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Thanksgiving time is one for reflection. I have been thinking about Judge John Facciola’s impact on the world of eDiscovery with his upcoming retirement. I am very thankful we had such a dedicated judge who has been such a leader in electronic discovery. Judge Facciola had his share big cases,[…]
Read moreMagistrate Judge Paul Cherry is a great jurist whose opinions on the form of production should be taught in first year Civil Procedure classes. The Judge clearly explains the Federal Rules of Civil Procedure and applies the rules to the case at bar in very concise analysis. A Plaintiff in a[…]
Read moreI prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer breached their standard of care or is this issue one a jury can decide on their own?[…]
Read moreWhat do parties do when they anticipate documents, testimony, or information containing or reflecting confidential, proprietary, trade secret, and/or commercially sensitive information are likely to be disclosed or produced during the course of discovery, initial disclosures, and supplemental disclosures in a case? Agreeing to a protective order is a the solution[…]
Read moreExxonMobil Pipeline had a problem in discovery: their discovery responses were overdue. The requests for production was served in November 2013 and due after one extension in January 2014. The Plaintiffs rightly brought a motion to compel. The Defendants had enough discovery to give most eDiscovery attorneys a migraine with[…]
Read moreI had the honor of speaking at the 2014 Arkansas State Bar Annual meeting on eDiscovery Ethics and new trends in eDiscovery in Hot Springs, Arkansas. I had an amazing time and greatly appreciated the hospitality of the Arkansas Bar Association. My new Ethics seminar is a Star Trek themed[…]
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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 moreUS Senior District Judge John Kane took on multiple discovery disputes against a Plaintiff in a wage an hour case. It is an amazing case study of what could be requested in a case. Requesting Communications Off the Girlfriend’s Computer The Defendants requested all ESI communications regarding the case, which[…]
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