esi production

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May 15, 2013

Fourth Circuit Defends its Narrow Interpretation Regarding Taxation of Costs for Making Copies

In our last blog, we discussed the recent Fourth Circuit case Country Vintner v. Gallo, No. 12-2074 (4th Cir. 2013). In this case, the Fourth Circuit followed the Third Circuit’s reasoning in Race Car Tires Am. Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3rd Cir. 2012) to disallow the taxation of ESI costs

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April 29, 2013

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. Chartis Insurance Company of Puerto

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February 21, 2013

ABA’S Updated Ethical Rules Reflect Advanced Technology

A Guide for Plaintiff Trial Attorneys Reflecting our modern digital age, the American Bar Association’s Committee on Ethics recently published its updated Model Rules of Professional Conduct. While attorneys are bound to the ethical rules of their individual states, the ABA Model Rules set the standard and are indicative of the technological trends affecting civil

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December 21, 2012

Reviewing the Top 5 Plaintiff eDiscovery Cases of 2012

Our blog discusses the latest cases (good and bad) that affect plaintiff trial attorneys every week, and the following is our Top 5 Plaintiff eDiscovery cases of 2012: 5. Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar. 16, 2012). The Third Circuit

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December 19, 2012

Judge Scheindlin Discusses ESI Production at 2012 eDiscovery Institute

U.S. District Court Judge Shira A. Scheindlin recently spoke at the 2012 Georgetown eDiscovery Institute, where the topic was “First Do No Harm: Preserving and Admitting Foreign ESI.” Judge Scheindlin’s penning of five Zubulake electronic discovery opinions in one of the first major plaintiff eDiscovery cases in the country makes her a foremost authority on

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October 5, 2012

Will the Supreme Court Clarify Electronic Discovery Taxation of Costs Under Section 1920?

Title 28 U.S.C. § 1920 should be well known to litigators practicing in federal court, as it authorizes taxation of costs for printed or electronically recorded transcripts, fees and disbursements for printing and witnesses, and fees for the costs of copies. As noted in our blog about the eDiscovery case Race Car Tires II, the Third

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September 21, 2012

Does the Asymmetrical Nature of ESI Discovery Necessitate Cost Shifting?

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

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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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August 31, 2012

Making Copies: What eDiscovery Services are Taxable Costs?

Is eDiscovery preservation, collecting, culling, searching and production the same as “making copies?” The defendants thought so in Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar. 16, 2012). The defense had won the underlying case on a motion for summary judgment and

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August 24, 2012

What Should Plaintiffs Do if They Receive Inadvertent Disclosure in ESI?

Our last blog discussed a state business litigation case out of North Carolina where the defendants accidentally sent over an ESI production rife with data protected by attorney-client privilege. The defendants acted recklessly in their ESI production and failed to take even minimal steps to guard against inadvertent disclosure; therefore, the court found their actions