e-Lawyering Addi v. Corvias Management-Army, LLC (D. Md. 2021) September 21, 2021 by Robertson Noreus Key Insight: Work-product privilege protects documents prepared in anticipation by a party, its attorneys, or its consultants and agents. A consulting expert’s analysis and reports is protected work product. However, a consulting expert becomes a fact ... Read more » CASE SUMMARIES Consulting Expert Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(b)(3) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(b)(4) Privilege or Work Product Protections Work Product
e-Lawyering Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021) July 12, 2021 by Robertson Noreus Key Insight: Plaintiff’s Motion to Compel sought missing documents and communications from, and the correction of metadata “issues” from Defendant and its parent company (via third party subpoena), and sought an award of attorney’s fees and costs. The ... Read more » Breach of Contract CASE SUMMARIES Data Preservation Fees and Costs FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 34(b) Procedure or Format FRCP 45 Third Party Subpoenas Liability Insurance Metadata Missing Documents Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(f) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 37(c) Parent Company Privilege or Work Product Protections Proportionality
e-Lawyering Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021) June 14, 2021 by Robertson Noreus Key Insight: Plaintiffs sought a protective order to prevent defendant from obtaining ESI from five different social media platforms they were active on. The court found that while a plaintiff’s social media postings could be relevant to a claim for “g... Read more » CASE SUMMARIES Cost Shifting Data Privacy Emotional Distress Damages Format Of Production FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 FRCP 26(c) Protective Orders FRCP 34(b) Procedure or Format Motion for Protective Order Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(g) Proportionality Social Media Text Message
e-Lawyering AnywhereCommerce, Inc. v. Ingenico, Inc. (D. Mass. 2021) June 3, 2021 by Robertson Noreus Key Insight: The court granted reconsideration of plaintiffs’ motion to compel discovery of documents in the possession of a corporate defendant in France. In a prior order, the court found that the GDPR did not preclude the court from ordering d... Read more » CASE SUMMARIES Data Privacy Foreign Relations Form(s) FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 GDPR Local Court Rule(s) Motion to Compel Restatement (Third) of Foreign Relations Law § 442(1)(c) Uncategorized
e-Lawyering Aviles v. S&P Global, Inc. (S.D.N.Y. 2021) May 24, 2021 by Robertson Noreus Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confid... Read more » CASE SUMMARIES Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Privilege or Work Product Protections Proportionality Relevance Server Shareholder Suit
e-Lawyering Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020) November 12, 2020 by Robertson Noreus Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘re... Read more » CASE SUMMARIES Emotional Distress Damages Facebook Instagram Motion to Compel Relevance Snapchat Social Media State Rule(s) of Civil Procedure and/or Evidence Rule: CPLR 3101(a)