e-Lawyering Calhoun v. Google LLC (N.D. Cal. 2022) June 6, 2022 by Robertson Noreus Key Insight: This matter relates to the court’s order to compel and order to show cause as to why Google should not be sanctioned for interfering with the production of third-party Ernst & Young (E&Y) documents ordered by the court. Plain... Read more » CASE SUMMARIES Fees and Costs FRCP 37(b)(2)(C) Motion to Compel Third Party Discovery Third Party Production
e-Lawyering Edwards v. McDermott Int’l, Inc. (S.D. Tex. 2022) May 18, 2022 by Robertson Noreus Key Insight: The court was required to balance the proportionality factors to determine whether plaintiff’s proposed search terms that would require defendants to review 1.3 million documents were proportional to the needs of the case or if defen... Read more » CASE SUMMARIES Custodians FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Proportionality Search Terms
e-Lawyering Jordan Khan Music Co. v. Taglioli (E.D. Tex. 2022) May 12, 2022 by Robertson Noreus Key Insight: Plaintiffs moved to compel the forensic examination of defendants’ devices and data storage for imaging and inspection, along with their licenses for all software used for their businesses. Plaintiffs claimed the discovery was releva... Read more » CASE SUMMARIES Forensic Examination Forensic Imaging FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 FRCP 34(b) Procedure or Format FRCP 37(a)(1) Motion to Compel Proportionality
e-Lawyering In re Actos End Payor Antitrust Litig. (S.D.N.Y. 2022) March 30, 2022 by Robertson Noreus Key Insight: On plaintiff’s motion to compel, the magistrate judge ruled that defendant Takeda was to produce “all responsive ESI to Plaintiffs, including earlier-in-time emails.” In its production, Takeda had used email threading by ... Read more » Adequacy of Search/Identification or Collection CASE SUMMARIES Email Threading FRCP 34(a)(1)(A) Motion to Compel
e-Lawyering Europe v. Equinox Holdings, Inc. (S.D.N.Y. 2022) March 21, 2022 by Robertson Noreus Key Insight: Plaintiff brought a motion for sanctions alleging defendants failed to preserve a key piece of evidence (the September 2019 managers’ schedule from the month when she was terminated) in her employment discrimination suit. The court c... Read more » Adverse Inference CASE SUMMARIES Failure to Preserve FRCP 37(e) ESI Spoliation Sanctions (effective Dec. 1 Motion for Sanctions Sanctions Spoliation
e-Lawyering Famulare v. Gannett Co., Inc. (D.N.J. 2022) March 17, 2022 by Robertson Noreus Key Insight: The discovery dispute involved whether defendants are obligated to produce screenshots of certain computer generated reports from defendants’ computer program known as Salesforce. Salesforce maintains and memorializes various perform... Read more » CASE SUMMARIES Format Of Production Motion to Compel Rule 30(b)(6) Deposition Salesforce Data