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Search Term Disputes: Valid Arguments or a Simple Lack of Cooperation?
Many times, search term disagreements can be resolved through cooperative efforts. Indeed, the “meet and confer” requirement of the Federal Rules of Civil Procedure mandates parties to make a good faith effort to resolve such disputes without litigation. In the March 14, 2013 order in the case Robert Bosch LLC
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District Court Orders Specific Default Protocol for ESI Production
In the absence of concrete rules, or when parties seem to be unable to reach a compromise on electronic discovery, courts may outline specific orders to address all eDiscovery concerns. This was the case in the April 3, 2013 Order Regarding Electronically Stored Information in W Holding Company, Inc. v.
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Electronic Discovery Update: Costs Awarded in “Sledgehammer” Case
Anyone who follows eDiscovery case law is sure to remember the 2012 court order in Taylor v. Mitre Corp., No. 1:11-cv-1247, (E.D.Va.). In the case, the plaintiff brought an employment discrimination claim against his former employer. After filing a claim, he took a sledgehammer to his work laptop. Although he
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Deleted Facebook Account: Misunderstanding or eDiscovery Spoliation?
In the case Gatto v. United Air Lines, Inc., Civil Action No.: 10-cv-1090-ES-SCM (N.D.N.J. March 25, 2013), the court entered an order on the defendant’s Motion for Sanctions in a personal injury case. The defendants requested information from Gatto’s social media accounts as part of the plaintiff ESI production, served
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Court Grants Fees for Predictive Coding of Electronic Discovery
The case of Gabriel Technological Corporation v. Qualcomm Incorporated, 2013 WL 410103,(S.D.Cal.) was an exceptional case where the court determined that plaintiffs’ “frivolous claims” in a patent lawsuit (where among others, plaintiff failed to provide sufficient evidence to establish the rightful inventors of the patents at issue) warranted sanctions and cost shifting.
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ASU’s 2nd Annual eDiscovery Conference to Include Discussion of Updated ABA Model Rules
The second annual eDiscovery conference is taking place at Arizona State University from March 13-15. The Sandra Day O’Conner School of Law is hosting the event, entitled “eDiscovery—The present and the future,” with keynote speakers including the Hon. John Facciola, U.S. Magistrate Judge in the District of Columbia and the
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Legal Conference Discusses Cost Shifting, Issue Coding and eDiscovery Software
On January 29th, 2013, judges, attorneys and electronic discovery vendors gathered in New York City for the LegalTech Conference to discuss important eDiscovery practices. Law Technology News reported that one topic discussed included cost shifting, and how both plaintiffs and defendants can work together to keep costs down by maintaining
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Court Rejects Excuses for Poor Electronic Discovery Defense Production
Our last blog discussed the first part of the 2013 court opinion in Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), which compelled the deposition of a foreign managing agent to be conducted in the U.S. The second part of the order reviewed plaintiff’s renewed Motion for
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Compelling the Deposition of a Foreign Managing Agent
In Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), an Illinois District court heard, and rejected, common defense excuses to evade a deposition and electronic data discovery obligations. Plaintiff brought a patent infringement lawsuit against defendant Crimson, which company is closely aligned with a non-defendant Chinese corporation, Sycamore.
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Plaintiff Trial Attorneys Cite Email Threads as Key Evidence in Antitrust Litigation
One of the ongoing themes in our blogs is how email threads are not only relevant in civil litigation, but they can also be critical evidence to a case. This is particularly true for plaintiff electronic discovery requests against large corporations, as internal emails often reflect candor and truth not