e-Lawyering America West Bank Members v. State of Utah (D. Utah 2021) November 10, 2021 by Robertson Noreus Key Insight: Plaintiff filed a motion to compel after learning through the discovery process that defendants purged or lost emails and documents. Plaintiff sought “discovery on discovery” to discern the identities of individuals whose emails would have... Read more » CASE SUMMARIES Data Preservation Discovery on Discovery FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 37(e) Preservation (effective Dec. 1, 2015) Lost Documents Motion to Compel Policy on Routine Records Management and Retention Proportionality Relevance Spoliation
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 In re Schlich, 893 F.3d 40 (1st Cir. 2018). June 20, 2021 by KLG PDF Import Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request. Nature of Case: European Patent Case Electronic Data Involved: Documents in US for use in Euro... Read more » CASE SUMMARIES Cross-Border Data Transfer Motion to Compel
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