e-Lawyering Court Declines to Compel Production of All Documents Identified by Agreed-Upon Search Terms February 18, 2016 by kgates Gardner v. Continental Cas. Co., 3:13 CV 1918 (JBA), 2016 WL 155002 (D. Conn. Jan. 1, 2016) Plaintiffs sought to compel production of all 38,000 documents hit by agreed-upon search terms. Following review for relevance and privilege, Defendant produced only 2,214 pages “of which 274 pages consisted of copies of the complaints, with exhibits, filed […] Read more » CASE SUMMARIES
e-Lawyering Citing Newly-Amended Rule 37(e), Court Vacates Prior Order Imposing Adverse Inference February 4, 2016 by kgates Nuvasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB), 2016 WL 305096 (S.D. Cal. Jan. 26, 2016) In this case, the court granted Plaintiff’s motion to reconsider a prior order imposing an adverse inference for Plaintiff’s failure to preserve text messages, in light of new standards imposed under recently amended Federal Rule of Civil Procedure 37(e). […] Read more » CASE SUMMARIES
e-Lawyering Magistrate Judge Applies Newly Amended Rule 37(e), Addresses Threshold Question of Whether At-Issue Emails were “Lost” January 27, 2016 by kgates CAT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (AT) (JCF), 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) In this case, which raised “significant issues concerning the reach of newly amended Rule 37(e) of the Federal Rules of Civil Procedure, the standard of proof governing spoliation, and the relief appropriate for the destruction of […] Read more » CASE SUMMARIES
e-Lawyering Upcoming Event: The New FRCPs & Your eDiscovery Practice (Webinar) January 20, 2016 by kgates Join K&L Gates Partner, Daniel R. Miller and other distinguished panelists for an informative discussion of recent amendments to the Federal Rules of Civil Procedure. Date: January 26, 2016 Time: 10:00 – 11:30 PST (1:00 – 2:30 EST) Sponsored by: Law Seminars International Why You Should Call In Attorneys involved in federal court practice, in-house […] Read more » EVENTS
e-Lawyering Court Concludes Defendant’s Request was “precisely the kind of disproportionate discovery that Rule 26—old or new—was intended to preclude.” January 19, 2016 by kgates Gilead Sciences, Inc. v. Merck & Co., Inc., No. 5:13-cv-04057-BLF, 2016 WL 146574 (N.D. Cal. Jan. 13, 2016) In this case, the court addressed Defendant’s motion to compel production of additional discovery and, applying newly amended Fed. R. Civ. P. 26(b)(1), determined that Defendant’s request was “precisely the kind of disproportionate discovery that Rule 26—old […] Read more » CASE SUMMARIES FEDERAL RULES AMENDMENTS
e-Lawyering “The amendments may not look like a big deal at first glance, but they are.” – Chief Justice Roberts, 2015 Year-End Report on the Federal Judiciary January 4, 2016 by kgates Chief Justice John Roberts has issued his annual report on the federal judiciary, focused primarily on the 2015 amendments to the Federal Rules of Civil Procedure, including a brief history of their development and discussion of their intended effects. Among other things, the report makes clear that the amendments “mark significant change, for both lawyers […] Read more » FEDERAL RULES AMENDMENTS NEWS & UPDATES