ediscovery

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July 27, 2016

Supreme Court of New York Compels Plaintiff to Produce Unredacted ESI Related to Loss Mitigation

In Ambac Assurance Corp. v. First Franklin Financial Corporation et. al., 2016 NY Slip Op 31297(U) (Supreme Court of N.Y., New York County, July 8, 2016), Plaintiff insured over 15,000 loans pooled into a trust after various Defendants made representations regarding the quality of the loans. Plaintiff filed a complaint against Defendants for breach of

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July 13, 2016

Northern District of Ohio Orders FDIC to Search for Responsive ESI

In FDIC as Receiver for AmTrust Bank v. Ark-La-Tex Financial Services, LLC d/b/a Benchmark Mortgage, Case No. 15-2470 (N.D. Ohio, June 24, 2016), Plaintiff FDIC sued Defendant mortgage broker for alleged breaches of contractual warranties and representations contained in a master broker agreement. The breaches arose during the Defendant’s brokering of six specific mortgage loans that were controlled by the master

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March 2, 2016

Computer Forensics Expert Examines Defendant’s Hardware

In Malibu Media, LLC v. Doe, Case No. 13-6312 (N.D. Ill., Feb. 8, 2016), Plaintiff sued Defendant for allegedly impermissibly downloading its movies using the software BitTorrent. Plaintiff claimed to have identified Defendant using his IP address. Defendant denied the allegations and disputed Plaintiff’s method of proof. The parties filed cross-motions for summary judgment. During summary judgment

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November 16, 2015

Northern District of Illinois Compels Atlas Van Lines to Produce Shipping Data in Usable Electronic Format

In Mervyn v. Atlas Van Lines, Inc. et. al., Case No. 13-3587 (N.D. Ill., Oct. 23, 2015), Plaintiff requested certain owner-operator lease agreements, called PVOs, from Defendants. Plaintiff also requested specific data related to a certain time period in “usable electronic format.” Plaintiff filed a Motion to Compel, and the court entered an order directing

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August 7, 2015

Judge Peck Appoints Special Master to Assist with Technology-Assisted Review

In Rio Tinto Plc v. Vale S.A., Case No. 14-3042 (Jul. 15, 2015), New York Magistrate Judge Andrew J. Peck recently considered Defendant’s request that the court appoint a special master to assist the parties with their technology assisted review (TAR) process. In March, Judge Peck approved the parties’ proposed TAR protocol, titling his opinion “Predictive Coding a.k.a. Computer Assisted Review

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August 5, 2015

Plaintiff May Explore Ford Motor Co.’s Search and Collection Methodology

In Burd v. Ford Motor Company, Case No. 13-20976 (S.D. W.Va., July 8, 2015), Plaintiffs allege they sustained injuries in Defendant Ford’s vehicles due to unintended acceleration accidents. At a discovery conference, Plaintiffs questioned whether Defendant had conducted reasonable collections and searches of ESI in response to Plaintiffs’ document requests. Defendant asserted that it had conducted a

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August 3, 2015

Southern District of Florida Orders Review and Re-Designation of Highly Confidential Documents

In Procaps S.A. v. Patheon, Inc., Case No. 12-24356 (S.D. Fl., July 20, 2015), the parties entered into a stipulated confidentiality agreement whereby they designated confidential documents as either “Confidential Information” or “Highly Confidential Information.” The parties agreed that the party receiving the confidential information could disclose documents designated as “Confidential Information” to counsel and to select employees

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July 31, 2015

Court Refuses To Order Production of Ballot Metadata

In White v. Skagit County and Island County, Case No. 72028-7-I (July 13, 2015), Plaintiff demanded that Defendant produce copies of voting ballots under the Public Records Act. Defendants objected, arguing that the Public Records Act (which requires that public records be made available for inspection and copying unless exempt either under a specific list

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July 29, 2015

Court Concludes That It Lacks The Expertise to Resolve Complex ESI Issue

In ACI Worldwide Corp. v. MasterCard Technologies, LLC and MasterCard International, Inc., Case No. 8:14CV31 (Jul. 13, 2015), the District Court for the District of Nebraska considered Plaintiff’s motion to compel Defendants to produce ESI related to complex computer licensing. Plaintiff alleged that Defendants disclosed confidential proprietary information to a third party, including software and manuals, allowing

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July 27, 2015

Court Orders Evidentiary Hearing on ESI Spoliation Allegations

In Harte et. al. v. Board of Commissioners of Johnson County Kansas, et. al., Case No. 13-cv-02586 (July 13, 2015), the District Court for the District of Kansas considered Plaintiffs’ motion to impose sanctions against Defendants for “obstructive practices in conducting discovery.” The suit alleges that on April 20, 2012 Defendants improperly entered and searched Plaintiffs’ home and