e-Lawyering Supreme Court Approves Proposed Amendments to Federal Rules of Civil Procedure, Submits Proposals to Congress for Approval April 29, 2015 by K&L Gates Today, April 29, 2015, Chief Justice John G. Roberts submitted the proposed amendments to the Federal Rules of Civil Procedure which “have been adopted by the Supreme Court of the United States” to Congress for final approval. Absent legislation to reject, modify or defer the rules, they will become effective December 1, 2015. A copy... Continue Reading Read more » NEWS & UPDATES
e-Lawyering Court Imposes “Death Penalty Order” for Discovery Violations, Rejects Reliance on Retention Policy April 28, 2015 by K&L Gates Crews v. Avco Corp., No. 70756-6-I, 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015) In this case, the trial court held Defendant in contempt and ultimately imposed a “death penalty order” for discovery violations, including the failure to produce relevant information. Notably, the trial court rejected Defendant’s reliance on its document retention policy as... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court Imposes “Death Penalty Order” for Discovery Violations, Rejects Reliance on Retention Policy April 28, 2015 by K&L Gates Crews v. Avco Corp., No. 70756-6-I, 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015) In this case, the trial court held Defendant in contempt and ultimately imposed a “death penalty order” for discovery violations, including the failure to produce relevant information. Notably, the trial court rejected Defendant’s reliance on its document retention policy as... Continue Reading Read more » CASE SUMMARIES
e-Lawyering What the judges think: e-discovery practices and trends April 16, 2015 by K&L Gates by Daniel Miller and Tina Miller This article was originally published in the Lawyers Journal, The Journal of the Allegheny County Bar Association, April 3, 2015. A recent survey of leading federal jurists indicates that many attorneys need to improve their knowledge and practices regarding e-discovery. The “Federal Judges Survey on e-discovery Best Practices and Trends,” commissioned by... Continue Reading Read more » NEWS & UPDATES
e-Lawyering No Sanctions for Discovery Failures Resulting from Court-Ordered Seizure of Defendants’ Books and Records in a Separate Case April 15, 2015 by K&L Gates Perez v. Metro Dairy Corp., No. 13 CV 2109(RML), 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2015) Plaintiffs in this collective action sought spoliation sanctions for Defendants’ failure to produce certain relevant evidence, including payroll records, W-2s, cashier sheets, etc. Defendants objected to the motion on the grounds that “all of their books, records and computers... Continue Reading Read more » CASE SUMMARIES
e-Lawyering “[A] a party is not required to preserve all its documents but rather only documents that the party knew or should have known were, or could be, relevant to the parties’ dispute.” April 9, 2015 by K&L Gates Blue Sky Travel & Tours, LLC v. Al Tayyar, —Fed. Appx.—, 2014 WL 1451636 (4th Cir. Mar. 31, 2015) In this case, a magistrate judge imposed severe sanctions for Defendants’ failure to preserve “all documents” once litigation began. Specifically, the magistrate judge held that “once litigation began, [Defendants] had a duty to stop its document... Continue Reading Read more » CASE SUMMARIES