Knotty Issues of eDiscovery
Defendants in a discovery dispute produced data from a timekeeping database as PDF’s. The Plaintiffs objected, arguing their expert would need to spend 300 to 500 hours converting the PDF’s into a database. The Defendants countered that it would take a team of three to four people between three to[…]
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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 moreIn an insurance dispute over coverage, a Plaintiff sought production of electronically stored information in native file AND TIFF format after the Defendant produced discovery in hard-copy format. The Defendant opposed re-producing in native file format and sought cost-shifting if required to produce natively. Mancino v Fingar Ins. Agency, 2014 N.Y.[…]
Read moreHere is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well beyond the scope of any permissible discovery by seeking irrelevant or privileged documents used to tell the algorithm[…]
Read moreMagistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form? The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
Read moreA requesting party has a very difficult problem when a producing party has made a very small production that the requesting party believes is deficient. This situation quickly turns into the requesting party trying to prove a negative to the Court that a production is inadequate, without any evidence to[…]
Read moreThe best way to get requesting parties to take proportionality seriously is to award a prevailing party $71,611.52 for hosting eDiscovery for review and production. The taxation of eDiscovery costs pursuant to 28 U.S.C. 1920(3)-(4) warrants serious modification as we debate the proposed Amendments to the Federal Rules of Civil[…]
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[…]
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