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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
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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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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
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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.
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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
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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
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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
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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
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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
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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,