eDiscovery Is More Than Requests for Production
Logically connecting special interrogatories and requests for production by subject matter can expedite drafting discovery responses.
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Tag: Motion to Compel
Search Term Agreements Do Not Eliminate Relevancy Review
Searches terms are the beginning of collecting and identifying electronically stored information. Far from perfect, search terms are the kickoff for document review. Yes, email threading, deduplication, clustering, predictive coding, and other forms of technology-assisted review enable lawyers to not plow through ESI like it is a football stadium full[…]
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Failure to Launch a Protective Order to Stop a 30(b)(6) on Responding to Requests for Production
Rocket ships are fun. Disputes over settlement payments that result in an insured suing their insurance company are less fun. The discovery dispute focused on the insurance carrier and its collection of the reimbursement requests. The Plaintiff sought discovery related to its bad faith claims, which the Defendants objected to[…]
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Precision Search Terms in Discovery
US Magistrate Judge Sarah Cave entered the fray on a dispute over search terms in a lawsuit with allegations of targeting employees to join a competitor exchanged proposed search terms to identify relevant information after discovery requests had been propounded. As one can expect when there is a motion to[…]
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Make Sure Your Initial Disclosures and Productions are Complete
Identifying ESI that supports a party’s claims and is responsive to discovery requests comprises the detailed work of document review. Both workflows are extremely similar in that constructing searches are one way to find the relevant ESI. In a discrimination suit, the Defendants filed motions to compel the Plaintiff to[…]
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Orange You Glad for Proportionality?
In a discovery dispute over labeling representations of orange juice products, the Plaintiffs sought the production of the ESI custodial files of each witness Defendant Coca-Cola planned to call as a witness. The case is an example of how judges are teaching the world to sing about proportionality. So sit back,[…]
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Be Specific with Motions to Compel and Relief Sought
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 is Easier When You Have Someone to Defensibly Collect ESI
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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Courts Will Not Compel Production of Unavailable Information
The Defendants in a medical malpractice case sought discovery from the Plaintiffs related to billing and care records from the Plaintiffs. The problem: the unavailable records were at hospitals in the United Arab Emirates. Al-Ameri v. Johns Hopkins Hosp. (D.Md. May 26, 2016, No. GLR-15-1163) 2016 U.S. Dist. LEXIS 68980,[…]
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Discovery Plans are a Good Thing
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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