Knotty Issues of eDiscovery
Here is my advice: NEVER agree to a stipulation to produce native files when “it is more practical to do so” and agree to productions in PAPER, PDF’s, or TIFFs. Melian Labs v. Triology LLC, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal.Sept. 4, 2014). That is what happened in Melian Labs v. Triology[…]
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A prevailing party sought $61,548.65 in costs. They got $7,106.65. Kwan Software Eng’G v. Foray Techs., 2014 U.S. Dist. LEXIS 63933, 10-19 (N.D. Cal. May 8, 2014). United States District Judge Susan Illston is very good at eDiscovery disputes. This case highlights the importance of not just knowing how to conduct[…]
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 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 moreIt is sad when good arguments fail. Taxation of cost cases frequently deny processing costs of native files, unless there is conversion to a static image. Conversion of native files to static images can significantly increase processing costs, opposed to keeping native files in their original format. It is fitting[…]
Read moreI had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]
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 moreNothing says Merry Christmas like winning eDiscovery costs. One party was able to get over half the gifts on their Christmas List from the Court as taxable costs. The Defendants submitted eDiscovery costs over $40,000, which was nearly two-thirds of the Defendant’s bill of costs. A service provider made up[…]
Read moreForm of Production in eDiscovery A discussion of the form of production under Federal Rule of Civil Procedure Rule 34, plus one recent case. Rationally Organized Productions pursuant to Federal Rule of Civil Procedure Rule 34(b)(2)(E) Production requirements for documents and electronically stored information under Federal Rule of Civil Procedure Rule 34(b)(2)(E)[…]
Read moreIn a business dispute, the Plaintiffs sought the production of email messages in native file format with metadata. The successor counsel to the Defendant claimed producing as TIFF’s would be sufficient, because the ESI was “no longer available in native format.” Moreover, the Defendant claimed producing metadata was “unnecessary and[…]
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