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Controlling e-Discovery Abuses with Rule 26(g)
Ralph at his office with four computer screens! Rule 26(g) of the Federal Rules of Civil Procedure (often called the Rule 11 of discovery) governs an attorney’s signature on discovery responses. A...
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More Courts Are Requiring Disclosure of Keywords
There is a clear trend in the law for a producing party to make disclosure of the keywords used to find documents responsive to a request for production. Moreover, all the requesting party has to do is...
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Facebook’s “Hacker Way” of Management and e-Discovery
Facebook’s regulatory filing for its initial public stock offering included a letter to potential investors by 27 year old billionaire Mark Zuckerberg. The letter describes the culture and approach to...
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Evidence Preservation: An ancient legal doctrine that is still a major...
Preservation is an ancient, well-established common law doctrine. Armory v. Delamirie, 1 Strange 505, 93 Eng. Rep. 664 (K.B.1722) (chimney sweep boy and the missing diamond); Goodman v. Praxair...
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Discovery Difficulties Presented by Cloud Computing
In the age of cloud computing, electronically stored information (“ESI”) is no longer stored exclusively on physical drives or Facebook. Dropbox and Google Drive are programs (“apps”) that provide...
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District Court in Washington D.C. Exposes Illegal e-Discovery by Department...
U.S. Magistrate Judge John M. Facciola in Washington D.C., who is a well-known expert in e-discovery, issued a Memorandum Opinion and Order dated March 7, 2014, containing a stunning rebuke of the...
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The 2015 Federal Rules Amendments: the importance of proportionality
The article is by Anne H. Smith, shareholder in our Raleigh, North Carolina office. The 2015 amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2015. They apply not only...
View ArticleA Party May Comply With Rule 34 By Identifying Its Search Parameters As...
According to a recent decision of the U.S. District Court for the District of Kansas, a party may satisfy its obligations under Rule 34 when—in response a demand for the production of documents—the...
View ArticleESI Lost After Duty To Preserve Had Been Triggered Results In Limited...
A federal court in Utah recently applied the newly amended Rule 37(e) and, in doing so, issued relatively limited sanctions following a finding of spoliation. In First American Title Insurance...
View ArticleMarginal Discovery Disallowed Because It Was Not Proportional To The Needs Of...
Under a ruling issued by a federal district court in Arizona (In re Bard IVC Filters Prods. Liab. Litig., 2016 BL 306366, D. Ariz., No. MDL 15-02641-PHX DGC, 9/16/16), the new Federal Rules for...
View ArticleCourt Discusses The Obligation To Preserve Text Messages Under New Rule 37(e)
In a recent decision from the Western District of North Carolina, the Court discussed the importance of preserving text messages from accidental destruction due to a loss of a party’s cell phone. In...
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Experts Praise Ralph Losey’s New Book: E-DISCOVERY FOR EVERYONE
Jackson Lewis’ National e-Discovery Counsel, Ralph Losey, has just released a new book, e-Discovery for Everyone. Experts are praising e-Discovery for Everyone as an important book for both pleasure...
View ArticleForensic Examination of Plaintiff’s Electronic Devices Disallowed Because It...
District Court Judge Jorge L. Alonso recently upheld Magistrate Judge Michael T. Mason’s ruling in a sex discrimination and hostile work environment case that forensic examination of a plaintiff’s...
View ArticleLack Of Prejudice Results In Limited Sanction Against Defendant
In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena...
View ArticleCourt Rules That Proportionality And Cooperation Are Essential In Resolving...
Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in...
View ArticleCalifornia Court Compels Defendant to Re-Produce Electronically Stored...
A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also...
View ArticleCourt Issues Warning To The Bar Regarding Use Of “Boilerplate” Discovery...
In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause...
View ArticleLack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails
Contributing Author: Kathryn B. Moynihan Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously...
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