Author: K&L Gates

Sixth Circuit Affirms Recovery of e-Discovery Costs for Imaging Plaintiff’s Computer

March 27, 2015 by K&L Gates

Colosi v. Jones Lang Lasalle Amers. Inc., –F.3d–, 2015 WL 1186765 (6th Cir. Mar. 17, 2015) In this opinion, the court addressed the recovery of taxable costs related to e-Discovery and concluded that “a plain reading of the statute authorizes courts to tax the reasonable cost of imaging, provided the image file was necessarily obtained... Continue Reading

Upcoming Events

March 27, 2015 by K&L Gates

Strafford – E-Discovery Strategies: Preparing for New FRCP Amendments on Proportionality and Managing ESI April 14, 2015 1-2:30 PM EDT Webinar Join K&L Gates attorney Bree Kelly and her fellow panelists for a discussion of “E-Discovery Strategies: Preparing for New FRCP Amendments on Proportionality and Managing ESI.” The discussion will cover a range of topics,... Continue Reading

“The power of a U.S. Court to require compliance with U.S. discovery obligations does not arise until and unless the Court has jurisdiction.”

March 18, 2015 by K&L Gates

Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., No. 1-11-cv-824, 2015 WL 631045 (S.D. Ohio Feb. 12, 2015) In this case, the court addressed several discovery issues, including the question of when Defendant’s duty to preserve arose. The Intervenor/Counter Defendant asserted the duty arose in 2002. Defendant—an Australian Corporation—asserted the duty could no t... Continue Reading

Magistrate Judge Peck Addresses TAR, Provides Insight on Important Issues

March 5, 2015 by K&L Gates

Rio Tinto PLC v. Vale S.A., —F.R.D.—, 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015) Taking up the topic of technology-assisted review (“TAR”), Magistrate Judge Andrew Peck’s most recent opinion declares that “it is now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it.” Despite this,... Continue Reading

Court finds Defendants are Entitled to Recover $55,649.98 in e-Discovery Costs

February 27, 2015 by K&L Gates

Comprehensive Addiction Treatment Center, Inc. v. Leslea, No. 11-cv-03417-CMA-MJW, 2015 WL 638198 (D. Colo. Feb. 13, 2015) Plaintiffs brought a “Motion to Review Clerk’s Taxing of Costs Under F.R.C.P. 54(D)(1).” Specifically, Plaintiffs sought review of the clerk’s determination “concerning the costs taxed amount of $55,649.98, which accounts for Defendants contracting with a private consulting company,... Continue Reading

Supreme Court of Texas Clarifies Standards Governing Spoliation, Limits Imposition of Spoliation Instructions and the Presentation of Evidence of Spoliation to the Jury

July 10, 2014 by K&L Gates

Brookshire Bros., Ltd. v. Aldridge, –S.W.3d–, 2014 WL 2994435 (Tex. July 3, 2013) In this case, the Supreme Court of Texas “enunciate[d] with greater clarity the standards governing whether an act of spoliation has occurred and the parameters of a trial court’s discretion to impose a remedy upon a finding of spoliation, including submission of... Continue Reading