e-Lawyering Back to Basics: Court Orders Compliance with Rule 34 October 24, 2014 by K&L Gates Venture Corp. Ltd. v. Barrett, No. 5:13-cv-03384-PSG, 2014 WL 5305575 (N.D. Cal. Oct. 16, 2014) Most lawyers (and hopefully judges) would be forgiven if they could not recite on demand some of the more obscure of the Federal Rules of Civil Procedure. Rule 80 (Stenographic Transcript as Evidence) and Rule 64 (Seizing a Person or... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Second Circuit Vacates Conviction for Failure to Authenticate Printed Profile from “Russian equivalent of Facebook” October 22, 2014 by K&L Gates United States v. Vayner, — F.3d —, 2014 WL 4942227 (2d Cir. Oct. 3, 2014) In this case, the Second Circuit vacated the defendant’s conviction “on a single charge of transfer of a false identification document” upon concluding that the district court erred in admitting a printout of the defendant’s alleged profile on “the Russian... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Citing Ethical Implications, Court Denies Motion to Appoint Coordinating Discovery Attorney in Criminal Case October 17, 2014 by K&L Gates United States v. Hernandez, No. 14 Cr. 499(KBF), 2014 WL 4510266 (S.D.N.Y. Sept. 12, 2014) Citing ethical implications, the District Court in this criminal case denied nine defendants’ motion to “appoint a tenth attorney to act as a Coordinating Discovery Attorney (“CDA”) on behalf of all nine defendants.” The Court concluded that “[a] vendor with an... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology” September 26, 2014 by K&L Gates Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) In this case, the court approved petitioners’ (Dynamo Holdings Ltd. Partnership et. al.) use of predictive coding to identify potentially responsive and privileged data contained on two backup tapes, despite respondent’s (Commissioner of Internal Revenue) objection that the technology... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Applying Proportionality, Court Denies Motion to Compel Additional Search for ESI, Reminds Parties of Other Discovery Tools September 19, 2014 by K&L Gates United States v. Univ. Nebraska at Kearney, No. 4:11CV3209, 2014 WL 4215381 (D. Neb. Aug. 25, 2014) In this housing discrimination case, the parties disagreed regarding the proper scope of discovery and plaintiff’s proposed search terms. Plaintiff sought the production of ESI related to requests for accommodation of a disability in every context (e.g., housing,... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Another Milestone Passes: Judicial Conference Approves Federal Civil Rules Amendments September 17, 2014 by K&L Gates As reported by the National Law Journal (subscription required), the Judicial Conference has approved proposed changes to the Federal Rules of Civil Procedure. No revisions to the proposals were reported. The proposals will now go before the United States Supreme Court for review and, if approved, will take effect on December 1, 2015, absent any... Continue Reading Read more » FEDERAL RULES AMENDMENTS NEWS & UPDATES