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After In Camera Review, Magistrate Rules Only Select Plaintiff Email Chains be Produced
One theme that has emerged in electronic discovery disputes is that courts do not look favorably on general objections to either defendant or plaintiff ESI requests. Parties must make specific, pointed objections to numbered requests to have the best chance at having the judge rule in their favor. For a
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FDIC Proposes Unique Plaintiff ESI Protocol to Expedite Large Document Production
Federal Deposit Insurance Corporation v. Brudnicki, Case No. 5:12-cv-00398-RS-GRJ (N.D.Fl. 2013) is a case regarding the FDIC, as receiver for the now-defunct People’s First Community Bank, suing defendants, People’s former directors. Several electronic discovery disputes were pending before the district court in this case, including one regarding the proposed plaintiff ESI
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Colorado Supreme Court, En Banc, Calls for “Active Judicial Management” of Discovery Productions
The Colorado Supreme Court recently handed down a ruling regarding disputes over discovery productions and electronic data in civil litigation. Their solution? More court intervention and “active judicial management” of pre-trial discovery matters. The case is DCP Midstream, LP v. Andarko Petroleum Corporation, Case No. 12SA307 (Colo. 2013)(en banc). Plaintiff
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Plaintiff Awarded Fees for Unorganized and Misclassified Defense Production
In our last blog, we began a discussion of the state court case Hull et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013). In this complex business litigation case, the defendants produced 156,000 documents that the plaintiffs characterized as unorganized and a violation of defendant’s discovery duties. Additionally, the
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Georgia Appeals Court Considers Proper Form of Document Production and Confidentiality
Proprietary issues in business litigation can sometimes result in disputes regarding confidentially and discovery production. In the state court case Hull, et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013), the Court of Appeals in Georgia took up an interlocutory appeal regarding sanctions imposed on defendants for the trial
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Federal Rule 34 Regarding ESI: What is the Correct Means of Document Production?
In an interim order by a magistrate judge dated June 28, 2013 in Kwasneiwski et al. v. Sanofi-Aventis US LLC, et al., 2:12-cv-00515-GMN-NJK (D. Nev. 2013), the defendants responded to plaintiff discovery requests by producing a large amount of documents and data that was not organized to match the requests.
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Does Production of Hard Copies Negate the Need for Native Files?
What happens when you have lost electronic files and a destroyed computer, but you contend your document production was completed before the computer was discarded? To see how that argument went over in a New York appellate court, check out Harry Weiss, Inc. v. Mendez Moskowitz et al., 2013 NY
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Plaintiff Awarded $134,613 as Sanction for Late Discovery Production
What constitutes a valid excuse for late production when answering plaintiff eDiscovery and document requests? An order dated May 22, 2013 in Nuance Communications Inc. v. Abbyy Software House, et al., No. C 08-02912 JSW (N.D.Cal. 2013) considered an excuse from a defendant when ruling upon plaintiff’s motion for sanctions.
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Electronic Discovery Question: Does Predictive Coding Case Law Require Production of Seed Sets?
In an order dated May 21, 2013 in the case Hinterberger v. Catholic Health Systems, 08-CV-380S(F), the court heard arguments from the parties about whether predictive coding case law requires the early production of a “seed set” of documents. In this case, the parties started out sorting and culling electronic
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Emails Produced Lead to Additional Defendant and Claim
Our ongoing analysis of electronic discovery in modern civil litigation has established a major truism: email threads in electronic data discovery are often the source of critical evidence and can sometimes uncover hidden truths. This was demonstrated in the recent opinion and order dated March 28, 2013 in Campbell v. Sedgwick, Civil