Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court
In NY Machinery v. The Korean Cleaners Monthly, No. 2:17-12269-SDW-ESK (D. N.J. Jan. 6, 2020), a New Jersey Magistrate Judge denied plaintiff’s application seeking to compel defendants to translate documents served as part of their document production on the grounds that “Rule 34 does not address which party has the
Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought
In Securiforce Int’l Am., LLC v. United States, No. 16-2589 (Fed. Cir. Jan. 17, 2018), the United States Court of Appeals for the Federal Circuit examined whether the trial had had properly ruled upon the issues presented in a motion for discovery sanctions brough by a vendor in a breach of contract
Was Your Confidential Data Exposed on Translate.com?
Machine translation is an essential tool for many businesses and organizations in today’s world. We work with people who speak different languages, especially in cases where operations have been outsourced to foreign countries. In other cases, important documents need to be translated. It would be difficult or impossible to conduct
User Beware: Cloud-Based Machine Translation Software Comes with Major Security Risks
The free machine translation site Translate.com is in hot water after Norway’s state-run oil company Statoil discovered that confidential data the company entered into the site has become searchable through Google and Microsoft search engines. The company found that its workforce reduction plans, dismissal letters, contracts, and other sensitive information –
Foreign Companies Investigated by Foreign Government under No Duty to Preserve ESI for Potential U.S. Lawsuits, Court Says
In Rockman Company (USA), Inc. et. al. v. Nong Shim Company, LTD, et. al., Case No. 13-04115 (N.D. Cali., Jan. 19, 2017), Plaintiffs, direct and indirect purchasers of Korean noodles, filed suit against four companies and their U.S. distributors, accusing them of conspiracy to fix the price of Korean noodles in
Court Rules Against Taxing ESI Costs Related to Building and Maintaining ESI Database
In Associated Electric & Gas Insurance Services, et. al. v. BendTec, Inc., Case No. 14-1602 (D. Minn., Feb. 24, 2016), Defendant filed a motion to review the court’s denial of certain ESI costs. Plaintiffs had sued Defendant, claiming $30 million in damages due to foreign objects in Defendants’ fabricated piping.
Can an International Subpoena Obtain Metadata from Google and Twitter?
In Re Request for Subpoena by Ryanair Limited, Case No. 5:14-mc-80270-BLF-PSG(N.D.Cal. Oct. 9, 2014) is an application for an order to obtain discovery to third-party witnessses Google and Twitter regarding a lawsuit pending in the Dublin Circuit Court in Ireland. Applicant obtained a default judgment against the Defendant in the
Search Terms in eDiscovery: Privileged or Discoverable?
Plaintiff eDiscovery Experts Review the Latest Case Law In the absence of an agreement among the parties or an order by the court to employ predictive coding, the traditional method of identifying responsive documents for production has been through the use of key word search terms. But how does a
Plaintiffs Prevail on Electronic Discovery Dispute in Surgical Mesh MDL Regarding International Data
In ongoing multidistrict litigation involving surgical mesh that has been alleged to have injured over ten thousand plaintiffs, an eDiscovery dispute arose over international electronic data. In the case In Re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation, MDL No. 2327, (S.D.W.Va. September 18, 2013), plaintiffs sought electronic data
U.S. District Judge Shira A. Scheindlin Provides Lessons on Electronic Evidence Spoliation
Prejudice is Presumed When ESI Destruction is Willful Who better to review a case regarding allegations of electronic evidence spoliation than U.S. District Court Judge Shira A. Scheindlin, author of the groundbreaking Zubulake decisions? In Sekisui American Corporation v. Hart, 12 Civ. 3479 (S.D.N.Y. August 15, 2013), the honorable district