Our last blog discussed the eDiscovery interlocutory order in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), which mentioned that one of the reasons cost-shifting was appropriate was the asymmetrical nature of ESI productions. While it is true that generally, defense productions are more voluminous than plaintiff ESI production, does this necessitate a
Multi-District Litigation Archives - Page 3 of 3 - ILS
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- September 21, 2012
Does the Asymmetrical Nature of ESI Discovery Necessitate Cost Shifting?
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- September 19, 2012
Is eDiscovery Cost Shifting Appropriate Prior to Class Action Certification?
Recently in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), the federal district court in the Eastern District of Pennsylvania addressed an issue apparently one of first impression – whether cost-shifting to plaintiffs related to pre-class certification discovery, including ESI discovery, was appropriate. Plaintiffs alleged the defendant national fitness chain was engaged in deception and breach of
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- September 5, 2012
Electronic Discovery Shines a Bright Light on Defendant Misconduct
Our blog frequently writes about preservation of evidence and how corporate defendants are getting into hot water when their litigation hold policies fall short. As more corporations move to full electronic data over paper documentation, it will become harder to hide, destroy or fail to produce relevant evidence. This is illustrated in “Sanctions for e-Discovery
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- September 3, 2012
Second Circuit Takes Two Steps Back to Enforce Duty to Preserve Evidence
The standardization of eDiscovery protocols and better computer forensics is giving a boost in modern litigation to plaintiffs seeking to uncover the truth. Electronic data is difficult to hide or destroy, as it almost always leaves trace artifacts and trails. This was evident in the Zubulake series of cases where the defendant failed to preserve
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- August 27, 2012
The Scope of Social Media in Plaintiff ESI Production
Litigants and courts struggle to define the scope of electronic data discovery, as well as the logistics of how to physically produce the electronically stored information. The newest scope and logistical challenges for ESI now lies in social media content. In EEOC v. Simply Storage Management, LLC Case No. 1:09-cv-1223-WTL-DML (2010), the U.S. District Court
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- July 27, 2012
Does the Future of Plaintiff ESI Production Include Facebook?
A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery Facebook issues to glean a
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- July 25, 2012
D.C. Bar Green Lights eDiscovery Services in Ethics Opinion
The production of electronically stored information (ESI) in litigation has boomed in the last decade, mainly due to the slow but steady global switch from paper documentation to electronic data. As ESI is now part of almost every class action lawsuit and multidistrict litigation case, the courts and bar associations are only starting to issue
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- July 23, 2012
Plaintiff Programmatic Issue Coding: The Scalpel of Document Review Tools
Anyone who keeps up with eDiscovery rules and law knows that a district court has affirmed U.S. Magistrate Judge Andrew J. Peck’s judicial order in Monique Da Silva Moore v. MSL Group, No. 11 Civ. 1279 (ALC)(AJP) (S.D.N.Y. 2012). In the case, Magistrate Judge Peck pronounced, “Computer assisted review is an acceptable way to search
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