Multi-District Litigation – Page 3

admin
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

admin
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

admin
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

admin
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

admin
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

admin
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

admin
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