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ilsteam
June 18, 2018

SDNY Order Provides That Special Master Review 3,300 Page Privilege Log

In Winfield v. City of New York (Case No. 15-cv-05236, (S.D.N.Y. May 10, 2018), New York Magistrate Judge Katherine H. Parker denied Plaintiff’s request to take a “quick” look at Defendant’s 3,300-page privilege log. Instead, the judge ordered that a special master review the documents. Winfield involves plaintiffs who are seeking redress for alleged discrimination in

ilsteam
June 11, 2018

Carbon Copying a Lawyer Does Not Create an Automatic Privileged Communication, U.S. District Court Rules

In Texas Brine Co., LLC v. Dow Chem. Co., No 15-1102, 2017 WL 5625812 (E.D. La. Nov. 21, 2017), the Eastern District of Louisiana found that carbon copying (CC) legal counsel does not automatically protect that communication as privileged. This issue was evaluated by Magistrate Judge Janis van Meerveld when the defendant challenged Plaintiff’s privilege

ilsteam
June 8, 2018

Court Finds Production of Three Million Emails is Unreasonable

In Nece v. Quicken Loans, Inc. (Case No. 8:16-cv-2605-T-23CPT) (United States District Court, M.D. Florida, Tampa Division), Eileen Nece (the plaintiff) filed a lawsuit against Quicken Loans, Inc. (the defendant) over allegations that it violated the Telephone Consumer Protection Act (TCPA). Nece submitted four forms on Quicken’s website in December 2012 and also emailed quicken

ilsteam
June 4, 2018

Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance

In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that it obtained financing for these investments from First NBC Bank (FNBC). According to Plaintiff, IMCMV Holdings altered financial statements so that FNBC would approve the financing. Under

ilsteam
May 11, 2018

Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’

In Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018), the Second Circuit found no error in the lower court’s imposition of a multi-million sanction for discovery misconduct. While defending against claims it sold counterfeit products, ePRO E-Commerce Limited (“Defendant”) engaged in persistent discovery misconduct. It did not disclose

ilsteam
March 30, 2018

Court Imposes Tight Deadline for Defendant Safeway To Produce Responsive Unprivileged Documents

In U.S. Ex Rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. March 3, 2018), Relator Thomas Proctor (“Proctor”) served his First Set of Requests for Production of Documents on Defendant Safeway, Inc. (“Safeway”) seeking various electronic data, including Safeway’s PDX pharmacy transaction data (“PDX Data”) and emails and other electronically stored documents. Safeway produced

ilsteam
March 23, 2018

Court Grants Performance Pulsation Control’s Motion to Compel in Part, Ordering Defendants to Produce Certain Requested ESI

In Performance Pulsation Control, Inc. v. Sigma Drilling Technologies, LLC, No. 4:17-CV-00450, (E.D. Tex. Jan. 23, 2018), Performance Pulsation Control, Inc., (“PPC”) alleges that Justin Manley (“J. Manley”), a former employee, formed a competing company, Sigma Drilling Technologies, LLC (“Sigma”), to market and sell pulsation control products that he developed within the course of his