Knotty Issues of eDiscovery
Discovery deadlines matter. Wells Fargo learned that the hard way with producing a relevant email 8 months after the close of discovery. Given the nature of the relevancy to the lawsuit, limited additional discovery was reopened. Here is the short overview of the case: Plaintiff’s asked Wells Fargo if the[…]
Read moreMagistrate 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 moreTake note all, there is a new predictive coding case by Judge Andrew Peck. The good Judge waded into the TAR-pit of transparency, which in my opinion has caused much unnecessary problems with judges and parties who believe “transparency” is required when predictive coding is used, mandating the disclosure of[…]
Read moreMy God, is it true? Did a Prevailing Party recover virtually all of its eDiscovery costs? The answer is yes, thanks to a case in Colorado. United States District Judge Christine M. Arguello opened her order denying the Plaintiff’s motion to review the clerk’s taxation of costs with the following: Because[…]
Read moreProportionality and costs are not a great argument when you are complaining about your own databases. Webb v. Ethicon Endo-Surgery, Inc., is a product liability case over a surgical stapler that misfired during a surgery, resulting in complications to the Plaintiff’s recovery. Webb v. Ethicon Endo-Surgery, Inc., 2015 U.S. Dist. LEXIS[…]
Read moreMagistrate Judge Paul Grewal is one of the new heroes of eDiscovery jurisprudence. In Venture Corp. Ltd. v. Barrett, the good Judge opened with the following on Rule 34: Most lawyers (and hopefully judges) would be forgiven if they could not recite on demand some of the more obscure of[…]
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 moreNot all native files are in a “reasonably useable form.” To borrow from the Dark Knight, sometimes, producing native files as PDF’s with metadata is the “reasonably useable” form you deserve, but not the one you need for convenient document review. A Plaintiff sought a native file production from a[…]
Read moreMany litigation support professionals think Excel files are the bane of discovery. Attorneys with a fixation of wanting a Bates Stamp on electronically stored information demand Excel files be converted from their native application to a static image, causing one Excel file to explode into a 500 page PDF. To[…]
Read moreI do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his Dynamo Holdings opinion. The discovery dispute can be summed up as a battle over backup tapes that had confidential information. The Requesting Party wanted the tapes; the Producing[…]
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