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More Corporations Preclude Class Actions Lawsuits After Supremes Give the OK
Class action lawsuits can afford plaintiffs the opportunity to level the playing field against large corporations who engage in actions that harm employees and consumers. When the damages due to a single plaintiff are too low to support the litigation costs of an individual lawsuit, a class of people similarly situated banning
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Reviewing the Magistrate Judge’s Order in Electronic Discovery Spoliation Case
In the recent case of Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)) that we blogged about in our last post, the magistrate judge ordered a computer forensics expert to determine if defendant had engaged in spoliation. The forensic expert demonstrated that defendant in fact had purged files before
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What is the Proper Sanction After Massive Document and Data Destruction?
Our last blog discussed the recently handed-down district court case Hynix Semiconductor Inc. v. Ranbus, Inc. Case No. C-00-20905 (NDCA Sept. 21, 2012), remanded by the appeals court pursuant to Hynix Semiconductor Inc. v. Rambus, 645 F. 3d 1336 (Fed. Cir. 2011)(“Hynix II”). Upon reconsideration, the district court found that
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Chipotle Shareholders Seek to Grill Directors in Class Action Lawsuits
A number of class action lawsuits have recently been filed by shareholders of Chipotle Mexican Grill (CMG), alleging, among others, breaches of fiduciary duties. The allegations against the directors and management include issuing false and misleading information as well as insider trading of stock that took place between February and April
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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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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
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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
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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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Pennsylvania Supreme Court Rewrites the Rules for Electronic Discovery
Electronic data discovery is constantly evolving in both the state and federal courts. Federal courts now have accumulated a large amount of eDiscovery case law (much of which is discussed in our blog). Many state court opinions turn to and cite federal jurisprudence and the amendments to the Federal Rules