e-Lawyering “No Harm, No Foul”: Court Denies Motion for Spoliation Sanctions Pursuant to Rule 37(e) July 20, 2017 by kgates Snider v. Danfoss, LLC, 15 CV 4748, 2017 WL 2973464 (N.D. Ill. July 12, 2017) In this case, the court addressed Plaintiff’s request for sanctions for Defendant’s failure to preserve emails and, concluding the information did “not appear to be relevant” and that Plaintiff was not prejudiced, denied Plaintiff’s motion for sanctions: Federal Rule of […] Read more » CASE SUMMARIES
e-Lawyering The ABA Journal’s Web 100 – Nominate Your Favorites! July 14, 2017 by kgates Dear Readers, It is our pleasure to provide you with regular summaries of important and interesting e-Discovery opinions and other e-Discovery resources. We hope you enjoy them. If you do, please consider nominating us for the ABA Journal’s Web 100 – a celebration of the “best of the legal industry on the web.â€� Nominations are […] Read more » NEWS & UPDATES
e-Lawyering Lack of “Meaningfulâ€� Communication with Opposing Counsel, Client Results in “Overly Complexâ€� and Burdensome Agreement; Partial Costs Shifted July 4, 2017 by kgates Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195(ADS)(AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017) In this single-plaintiff employment litigation, Plaintiff claimed that the cost of production, equaling approximately $2,000-$3,000, was unduly burdensome in light of his personal financial situation, despite the existence of an ESI agreement between the parties, “so-ordered” by the […] Read more » CASE SUMMARIES
e-Lawyering Mandatory Initial Discovery Pilot Project Underway in AZ and IL Federal Courts June 22, 2017 by kgates A three-year pilot project studying “whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery will reduce the cost and delay of civil litigationâ€� is now underway in the District of Arizona and the Northern District of Illinois. All civil cases in these jurisdictions, except those […] Read more » NEWS & UPDATES
e-Lawyering NY County Addresses Technological Competence June 16, 2017 by kgates Formal Opinion 749 In February, the NY County Lawyers Association Professional Ethics Committee issued Formal Opinion 749, addressing “[a] lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation.â€� The committee summarized its […] Read more » NEWS & UPDATES
e-Lawyering No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information June 15, 2017 by kgates Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017) In this case, the court denied Plaintiff’s motion for an order permitting a jury instruction regarding Defendant’s failure to preserve web browser history and related information for persons responsible for the preparation of an allegedly defamatory presentation where Plaintiff failed to […] Read more » CASE SUMMARIES