E-discovery Update Newsletters
Current Issue
Featured in this issue
- Court denies sanctions request because defendant did not show the requested ESI was lost
- Court sanctions Prince bootleggers for intentionally deleting text messages
- Defendant attempts to voluntarily dismiss counterclaim to avoid “ESI maelstrom”
- The Sedona Conference publishes primer on social media
- Court orders discovery of “tagged” photos not posted directly by plaintiff
- TAR Guidelines published by EDRM
Previous Issues
- Court issues order compelling targeted production of legacy platform ESI
- Jimi Hendrix can set his guitar on fire, but court says his trademark infringers cannot spoliate
- Court orders defendants to review random sample of search term hits
- Magistrate judge recommends sanctions for failure to institute effective document preservation hold
- Court finds that failure to preserve surveillance video does not merit sanctions
- Court orders party to execute releases for documents held by non-parties
- Court sanctions law firms for discovery gamesmanship
- Court grants adverse inference from defendant’s failure to preserve evidence
- Court declines to sanction overt spoliation when other evidence provides similar information
- Court refuses to award 20 U.S.C. Section 1920 costs for use of a database because using the database is not “printing”
- Court disagrees with “quick peek” caselaw, orders special master to review privilege designations
- Court orders parties to meet and confer again, and to file a joint letter with result
- Court rejects both parties’ search terms as over-inclusive and not proportional
- Court grants motion for protective order from overly broad search terms request
- Sedona Conference publishes July 2018 public comment version of Primer on Social Media, Second Edition
- iPhone USB Restricted Mode poses new challenge for forensic tools and electronic collection
- Second Circuit finds that attorney-client privilege and confidentiality order outweighs proportionality concerns in reversing order to subpoena documents for foreign proceeding
- In a malpractice suit brought by former client, court holds counsel negligent for failure to institute a legal hold and to monitor discovery compliance
- Court denies motion to compel the identification of additional custodians and relevant documents in plaintiffs’ quest for perfect discovery
- Court warns it may issue monetary sanctions if responding party continues to include boilerplate discovery objections
- Judges’ survey explores key areas of improving e-discovery activities
- New York Court of Appeals reverses Appellate Division’s heightened standard for production of non-public social media postings
- Applying proportionality principle, court grants motion to compel production of information stored on backup tapes
- Court compels party to review its documents for responsiveness before production; allows use of technology-assisted review
- Court applies proportionality factors both to compel production of documents and to deny request for cost-shifting
- Court sanctions party for destruction of handwritten journal despite availability of partially scanned version
- Court crafts its own ESI search strategies and orders defendant to employ them
- Overburdened court refuses to conduct in-camera reviews, grants plaintiff’s motion to compel “quick peek”
- Court rejects “unilaterally redacted” production, compels production of unredacted documents
- Court rejects boilerplate objections in ordering production of documents
- Court cites burden of probable “judicial intervention” under Rule 26(b) to affirm order denying motion to compel production
- Magistrate Judge Recommends Criminal Contempt for Late Disclosure of 2,500 Emails
- Court Orders Production of Irrelevant Documents Under “Attorneys’ Eyes Only” Designation so Opposing Party Can Verify Relevance Determination
- Court Says ESI Spoliation Without Prejudice is Like Basketball: “No Harm; No Foul”
- Taylor Swift Motion for Adverse Inference Denied Because Plaintiff Claimed His Spilt Coffee Caused the Loss of Data
- “Completely Reckless” Production Constituted Waiver of Privilege Under Deficient Clawback Agreement
- Court Imposes Adverse Inference for Failure to Preserve Text Messages on a Non-Party’s Phone
- Court Does Not Sanction Plaintiff Who Skipped “Pointless” Meet-And-Confer Because Defendant Did Not State with Particularity the Grounds for Seeking the Order to Compel
- Sedona Conference Releases Third Edition of The Sedona Principles
- Court Imposes Sanctions for Falsifying Evidence Under the Revised Rule 37(e) but Declines to Grant Dismissal or an Adverse Inference
- Court Orders Statistical Sampling in Lieu of a Burdensome Production
- Department of Justice Issues Guidance Prohibiting Human Quality Control Review of Technology Assisted Review Results for Responsiveness
- “Improper Boilerplate Objection With No Specifics” Results in Privilege Waiver
- Court Imposes Adverse Inference for Destruction of Audio Recordings
- Supreme Court Issues Guidance on a Federal Court’s Authority to Sanction Bad-Faith Litigation Conduct by Ordering the Payment of Opponent’s Legal Fees
- Federal Agency’s Review of Cell Phone Data Obtained from Local Police But Not Responsive to the Original Warrant Was an Illegal Search Under the Fourth Amendment
- Pro Se Civil Plaintiff Denied Court-Appointed Expert Help with eDiscovery and Complicated Software Claims at the Core of His Case
- SDNY Judge Rules Against Firm Claiming $362.50 Blended Rate for Temporary Associates Conducting Document Review
- Litigant Sanctioned by Court for “Selective Preservation”
- When Litigation is Reasonably Anticipated, Preserve Relevant Text Messages Quickly and Effectively
- Defense Attorney Sanctioned for Citing Caselaw that Analyzed Superseded Version of FRCP 26(a)(1)
- Watch for Emojis in Your Data Set
- Survey of Federal Judges on eDiscovery Practices and Trends
- Requesting Party Cannot Force Responding Party to Use TAR
- Responding Party Does Not Have to Supplement Document Production Generated by Collaborative Predictive Coding Process
- “Ignorance” Regarding Which of Your Own Documents Might Be Responsive is Not a Legitimate Proportionality Argument
- Court Denies Motion to Redo Document Production in Native Format
- Scope of Discovery Does Not Extend to Unpled Claims or Defenses
- State Bar of California Discusses Electronic Discovery in Context of Ethical Duty of Competence
- Court Orders Sanctions for Extensive Discovery Negligence
- Court Determines “Marginal Relevance” Insufficient for Continued Discovery
- Court Orders Cost Sharing for Conversion of ESI
- Federal Trade Commission Updates Best Practices Guide for Merger Investigations
- Annual Litigation Trends Survey Highlights eDiscovery Issues
- Supreme Court Approves Proposed Amendments to Rules 26 and 37
- Judge Peck Revisits Technology Assisted Review
- Court Holds Inadvertent Disclosure Not a Waiver Because of Reasonable Production Process
- Court Orders Deposition of Court-Appointed Forensic Expert
- Court Denies Motion to Compel Production of Plaintiff’s Flash Drive Containing Unauthorized Copies of Employer’s Personnel Records
- Survey of Federal Judges on eDiscovery Practices and Trends