e-Lawyering UPCOMING EVENT: RULES AMENDMENTS ROADSHOW April 5, 2016 by kgates Hello “Proportionality,” Goodbye “Reasonably Calculated”: Reinventing Case Management and Discovery Under the 2015 Civil Rules Amendments Presented by: the ABA Section of Litigation & Duke Law Join us in Seattle on April 29, 2016 The most significant changes to discovery and case management practices in more than a decade, the 2015 Amendments to Federal Rules […] Read more » EVENTS
e-Lawyering Relevance “Not Good Enough” Says Court Granting Motion for Protective Order April 5, 2016 by kgates Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., No. 1:14-cv-01734-WTL-DML, 2016 WL 1162553 (S.D. Ind. Mar. 24, 2016) In this case, the court granted Plaintiff’s motion for a protective order and ordered that Defendant was prohibited from obtaining the discovery sought from Plaintiff’s shareholder by the at-issue subpoenas. In reaching its conclusion, the court undertook analysis […] Read more » CASE SUMMARIES
e-Lawyering No Sanctions for Failure to Halt Automatic Deletion of Text Messages March 30, 2016 by kgates Living Color Enters., Inc. v. New Era Aquaculture, Ltd., No. 14-cv-62216-MARRA/MATHEWMAN, 2016 WL 1105297 (S.D. Fla. Mar. 22, 2016) In this case, text messages were deleted when Defendant failed to turn off the automatic delete function on his cellular phone. Because “the great majority” of the messages were produced from another source—and thus not lost—however, and […] Read more » CASE SUMMARIES
e-Lawyering Court Conducts Separate Analyses for Loss of Tangible Things and ESI, Declines to Impose Sanctions March 16, 2016 by kgates Best Payphones, Inc. v. City of New York, Nos. 1-CV-3924 (JG) (VMS), 1-CV-8506 (JG) (VMS), 3-CV-0192 (JG) (VMS); 2016 WL 792396 (E.D.N.Y. Feb. 26, 2016) In this case, the court addressed Defendants’ motion for sanctions for Plaintiff’s failure to preserve hard copy documents and electronically stored information and therefore conducted simultaneous but separate analyses of […] Read more » CASE SUMMARIES
e-Lawyering Court Approves Proposal to Redact or Withhold Irrelevant Information from Responsive Documents and Document Families March 3, 2016 by kgates In re Takata Airbag Prods. Liab. Litig., MDL No. 2599 (S.D. Fla. Mar. 1, 2016) In this opinion, the District Court considered Defendants’ proposal to redact or withhold certain irrelevant information from responsive documents and document families. In approving the proposal, the court cited Chief Justice John Roberts’ recent comments that recently amended Federal Rule […] Read more » CASE SUMMARIES
e-Lawyering For the First Time, English Court Approves Use of Predictive Coding February 23, 2016 by kgates Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch) On February 2, 2016 an English court approved the use of predictive coding for the first time. Thereafter, it issued an opinion explaining the reasons for approval, relying in part upon the well-known Da Silva Moore case, which was the first to approve the […] Read more » CASE SUMMARIES