e-Lawyering Absent Plaintiff’s Control of Emails in Employees’ Personal Accounts, Court Denies Motion to Compel December 28, 2015 by kgates Matthew Enter., Inc. v. Chrysler Grp., LLC, No. 13-cv-04236-BLF, 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) In this case, the court declined to compel production from Plaintiff’s employees’ personal email accounts because Plaintiff did not have control of the emails for purposes of discovery. As to the contents of Plaintiff’s “customer communications database” maintained […] Read more » CASE SUMMARIES
e-Lawyering Court Applies Amended Rule 26, Concludes Burdens on Parties Resisting Discovery Have Not Fundamentally Changed December 17, 2015 by kgates Carr v. State Farm Mut. Auto. Ins. Co., No.3:15-cv-1026-M, 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015) In this case, the court addressed Defendant’s Motion to Compel discovery responses and undertook substantial analysis of the effects of newly amended Federal Rule of Civil Procedure 26 on the burdens of parties’ resisting discovery, concluding they had […] Read more » CASE SUMMARIES FEDERAL RULES AMENDMENTS
e-Lawyering In Criminal Case, Failure to Preserve Results in Exclusion of All Text Messages, Possible Adverse Inference December 9, 2015 by kgates United States v. Vaughn, No. 14-23 (JLL), 2015 WL 6948577 (D.N.J. Nov. 10, 2015) In this criminal case, a pro se defendant sought sanctions, including dismissal of the indictment, for the Government’s failure to preserve text messages relevant to its investigation. Upon examination of the facts, including the Government’s acknowledged failure to preserve certain text […] Read more » CASE SUMMARIES
e-Lawyering Electronic Discovery Law Blog Named to ABA Journal’s Blawg 100 (Again!) December 8, 2015 by kgates The e-Discovery Analysis & Technology (e-DAT) Group at K&L Gates is proud to announce that the Electronic Discovery Law blog has again been named to the ABA Journal’s Blawg 100 list. Thanks to all who nominated us and to all of our readers for their ongoing interest in the important issues affecting electronic discovery! Click […] Read more » NEWS & UPDATES
e-Lawyering Today is the Day! Amendments to Federal Rules of Civil Procedure Effective Dec. 1, 2015 December 1, 2015 by kgates The wait is over. Amendments to the Federal Rules of Civil Procedure are effective today. The 2015 amendments to the Federal Rules of Civil Procedure are significant and will have a direct impact on the day to day practice of law, particularly discovery. If you’ve been putting off your review of the amendments, the time […] Read more » FEDERAL RULES AMENDMENTS NEWS & UPDATES
e-Lawyering Federal Rule Changes Affect e-Discovery – Are You Ready This Time? November 16, 2015 by kgates Learn Strategies for Litigating in the New Framework Join Us For a Complimentary 3 Hour CLE Important updates and revisions to the Federal Rules of Civil Procedure take effect on December 1, 2015, absent (unlikely) action by Congress. These changes will undoubtedly have a substantial effect on litigation (and pre-litigation) strategies and practice, particularly with […] Read more » EVENTS