e-Lawyering The Expert Institute: Best Legal Blog Nominee – Vote Now! September 30, 2017 by kgates We are pleased to announce that the Electronic Discovery Law blog has been nominated to participate in The Expert Institute’s Best Legal Blog Contest in the AmLaw category. Thanks to those who nominated us and to all of our readers and subscribers (sign up today!) for their ongoing interest in our blog. Voting is now […] Read more » NEWS & UPDATES
e-Lawyering Court Imposes Adverse Inference for Failure to Preserve Non-Party’s Text Messages within Defendants’ “Control” September 14, 2017 by kgates Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS), 2017 WL 3721777 (S.D.N.Y. Aug. 28, 2017) In this case, the court imposed an adverse inference against certain defendants for their failure to preserve text messages in the possession of a non-party, where the court found that the defendants had control of the non-party’s […] Read more » CASE SUMMARIES
e-Lawyering Court: Production of Hard Copy Versions of Documents Also Kept As ESI Does Not “Run Afoul” of Rule 34 September 5, 2017 by kgates Ortega v. Mgmt. & Training Corp., NO. 16-cv-0665 MV/SMV, 2017 WL 3588818 (D.N.M. Jan. 1, 2017) In this case, Plaintiff sought to compel native/electronic production of documents previously produced in hard copy. Defendant claimed that the documents in question were “ordinarily kept by Defendant both electronically and in hard copy” and produced only the hard […] Read more » CASE SUMMARIES
e-Lawyering Supervision Trumps Speculation: Court Denies Motion to Compel Additional Search August 16, 2017 by kgates Mirmina v. Genpact LLC, No. 3:16CV00614, 2017 WL 3189027 (D. Conn. July 27, 2017) In this case, Plaintiff sought to compel Defendant to conduct an additional search for ESI. Plaintiff asserted that he was “concerned” that responsive communications were withheld from production and argued “in essence, that defendant’s search for ESI was insufficient because counsel relied […] Read more » CASE SUMMARIES
e-Lawyering “Reckless” Production, Inadequate Clawback Agreement Result in Waiver of Privilege August 4, 2017 by kgates Irth Sols. LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017) In this case, despite the existence of a clawback agreement (not an order) indicating that “[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,” the court found that privilege was waived by the […] Read more » CASE SUMMARIES
e-Lawyering Court Compels Production of Documents Withheld as Nonresponsive, Orders Requesting Party to Bear Costs of Re-Review July 27, 2017 by kgates Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017) In this case, Defendants identified a number of potentially responsive documents by conducting a search with court-approved terms. Upon review of those documents, many were withheld from production as nonresponsive. When Plaintiff sought to compel production of additional documents […] Read more » CASE SUMMARIES