Author: K&L Gates

You Needn’t Keep Everything Forever: No Sanctions for Non-Party’s Failure to Produce because of Retention Polices, Technology Changes

February 12, 2015 by K&L Gates

United Corp. v. Tutu Park Ltd., No. ST-2001-CV-361, 2015 WL 457853 (V.I. Jan. 28, 2015) In December 2012, the court in this case issued a subpoena directing Kmart Corporation (“Kmart”) to produce twenty-one categories of documents and later granted Plaintiff’s motion to compel the same. Accordingly, Kmart produced responsive documentation, but not to Plaintiff’s satisfaction. ... Continue Reading

For Delayed Production of Social Media and Other ESI, Court Declines to Shift Expert Costs, Awards Attorneys’ Fees; No Sanctions for Lost Text Messages

February 6, 2015 by K&L Gates

Federico v. Lincoln Military Housing, LLC, No. 2:12-cv-80, 2014 WL 7447937 (E.D. Va. Dec. 31, 2014) In this class action case involving consolidated claims for personal injury and property damage, Plaintiffs’ production of social media posts and other electronically stored information was significantly delayed and allegedly incomplete. The court declined to dismiss Plaintiffs’ case, however,... Continue Reading

Applying Proportionality to Preservation, Court Grants Permission to Dispose of Computers

January 20, 2015 by K&L Gates

Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR, 2014 WL 5477639 (N.D. Cal. Oct. 29, 2014) Following an order granting summary judgment in their favor, the “Board Member Defendants” notified the plaintiff that they would no longer contribute to the cost of storing 159 computers, but refused to consent to allowing Plaintiff... Continue Reading

State Bar of California Interim Opinion on Attorneys’ Duties in the “Handling of Discovery of [ESI]” – Comment Period Extended

January 15, 2015 by K&L Gates

As was previously reported on this blog, here, the California State Bar Standing Committee on Professional Responsibility and Conduct (“COPRAC”) published Proposed Formal Opinion Interim No. 11-0004, addressing “ESI and Discovery Requests,” for public comment in Spring 2014. At its December meeting, COPRAC revised that opinion in response to public comment and approved an additional... Continue Reading

Keeping You Informed: K&L Gates’ Third Annual “Under the Wire”

January 15, 2015 by K&L Gates

e-DAT Partner Julie Anne Halter will speak at K&L Gates’ Third Annual “Under the Wire” CLE Seminar in Durham, NC (with videoconference broadcast in Charlotte) on January 22, 2015. Julie Anne’s presentation will address the “Latest and Greatest on e-Discovery.” Other topics to be addressed include: FDA Inspections Update on the Affordable Care Act International... Continue Reading

E-Discovery in 2015: Will You Feel The Earth Move Under Your Feet?

January 13, 2015 by K&L Gates

By Daniel R. Miller, Bree Kelly The civil litigation landscape is constantly changing as new laws are passed, new rules are promulgated, and new opinions are issued. As in the natural world, some areas are more prone to change than others, and the bedrock of discovery has significantly shifted in recent years. The rumblings... Continue Reading