e-Lawyering Court: Production of Hard Copy Versions of Documents Also Kept As ESI Does Not “Run Afoul” of Rule 34 September 5, 2017 by kgates Ortega v. Mgmt. & Training Corp., NO. 16-cv-0665 MV/SMV, 2017 WL 3588818 (D.N.M. Jan. 1, 2017) In this case, Plaintiff sought to compel native/electronic production of documents previously produced in hard copy. Defendant claimed that the documents in question were “ordinarily kept by Defendant both electronically and in hard copy” and produced only the hard […] Read more » CASE SUMMARIES
e-Lawyering Supervision Trumps Speculation: Court Denies Motion to Compel Additional Search August 16, 2017 by kgates Mirmina v. Genpact LLC, No. 3:16CV00614, 2017 WL 3189027 (D. Conn. July 27, 2017) In this case, Plaintiff sought to compel Defendant to conduct an additional search for ESI. Plaintiff asserted that he was “concerned” that responsive communications were withheld from production and argued “in essence, that defendant’s search for ESI was insufficient because counsel relied […] Read more » CASE SUMMARIES
e-Lawyering “Reckless” Production, Inadequate Clawback Agreement Result in Waiver of Privilege August 4, 2017 by kgates Irth Sols. LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017) In this case, despite the existence of a clawback agreement (not an order) indicating that “[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,” the court found that privilege was waived by the […] Read more » CASE SUMMARIES
e-Lawyering Court Compels Production of Documents Withheld as Nonresponsive, Orders Requesting Party to Bear Costs of Re-Review July 27, 2017 by kgates Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017) In this case, Defendants identified a number of potentially responsive documents by conducting a search with court-approved terms. Upon review of those documents, many were withheld from production as nonresponsive. When Plaintiff sought to compel production of additional documents […] Read more » CASE SUMMARIES
e-Lawyering “No Harm, No Foul”: Court Denies Motion for Spoliation Sanctions Pursuant to Rule 37(e) July 20, 2017 by kgates Snider v. Danfoss, LLC, 15 CV 4748, 2017 WL 2973464 (N.D. Ill. July 12, 2017) In this case, the court addressed Plaintiff’s request for sanctions for Defendant’s failure to preserve emails and, concluding the information did “not appear to be relevant” and that Plaintiff was not prejudiced, denied Plaintiff’s motion for sanctions: Federal Rule of […] Read more » CASE SUMMARIES
e-Lawyering The ABA Journal’s Web 100 – Nominate Your Favorites! July 14, 2017 by kgates Dear Readers, It is our pleasure to provide you with regular summaries of important and interesting e-Discovery opinions and other e-Discovery resources. We hope you enjoy them. If you do, please consider nominating us for the ABA Journal’s Web 100 – a celebration of the “best of the legal industry on the web.â€� Nominations are […] Read more » NEWS & UPDATES