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FDIC Proposes Unique Plaintiff ESI Protocol to Expedite Large Document Production
Federal Deposit Insurance Corporation v. Brudnicki, Case No. 5:12-cv-00398-RS-GRJ (N.D.Fl. 2013) is a case regarding the FDIC, as receiver for the now-defunct People’s First Community Bank, suing defendants, People’s former directors. Several electronic discovery disputes were pending before the district court in this case, including one regarding the proposed plaintiff ESI
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Qui Tam Plaintiff Awarded $445,505 for ESI Costs
A common topic of interest as plaintiff eDiscovery law develops is what ESI costs and expenses can be shifted to a losing party. In the case U.S. ex rel. Becker v. Tools & Metals, Inc., Civ. No. 3:05-CV-0627-L (N.D.Tex. 2013), a qui tam plaintiff was awarded costs and expenses against
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ESI Privilege Log at Issue in Electronic Discovery Dispute
In the case Dornouch Holdings International, LLC v. Conagra Foods Lamb Weston, Inc. (2013 WL 2384235 (D. Idaho)), the district court appointed a Special Master to review the plaintiff ESI production for privilege. After the data was screened and the privilege log was created and served upon the parties, the
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Photostat This! Is “Making Copies” an Archaic Term for Electronic Discovery?
Electronic discovery is changing the entire landscape of how evidence is collected, organized, culled and searched in twenty-first century civil litigation. When cutting-edge eDiscovery software moves forward this fast, sometimes technology leaves our legislative statutes in the dust. A example of this may be the federal taxation-of-costs statute found in
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Defendant Denied eDiscovery Cost Shifting in Private Contract Case
In Juster Acquisition Co, LLC v. North Hudson Sewage Authority, No. 12-3427 JLL (N.D.N.J. 2013), plaintiff electronic discovery requests were served on the defendant, which included 49 requests for documents and 100 search terms. After the defendant claimed to have produced approximately 8000 pages worth of electronic data, plaintiff served
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Avoiding the Crossfire: The Lessons of Zubulake V
“When communication between counsel and client breaks down, conversation becomes “just crossfire,” and there are usually casualties.” Zubulake V, 2004 U.S. Dist. LEXIS 13574 (S.D.N.Y. July 20, 2004). Zubulake V picks up where the last order left off, being that the Court found the defendants had breached their duty to