e-Lawyering Sedona Principles Revised, Public Comment Welcomed April 4, 2017 by kgates The Sedona Conference has published revisions to its foundational Sedona Principles, The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. As stated in the preface, the Third Edition was “necessitated by an even greater explosion in the volume and diversity of forms of electronically stored information, the constant evolution […] Read more » NEWS & UPDATES
e-Lawyering Sanctions Imposed for Loss of ESI Transferred in Sale of Business March 23, 2017 by kgates ILWU-PMA Welfare Plan Bd. of Trs. v. Connecticut Gen. Life. Ins. Co., No. C 15-02965 WHA, 2017 WL 345988 (N.D. Cal. Jan. 24, 2017) In this case, ESI was lost when Defendant’s parent company sold another of its companies—on whose servers Defendant’s ESI was inexplicably stored—resulting in the transfer of that company’s servers and the ESI thereon […] Read more » CASE SUMMARIES
e-Lawyering No Sanctions for Deletion where Files were Recoverable or Duplicated Elsewhere September 26, 2016 by kgates Erhart v. Bofl Holding, Inc., No. 15-cv-02287-BAS(NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016) In this case, the court declined to impose spoliation sanctions for Plaintiff’s deletion of ESI from numerous electronic devices where the majority of the information at issue could be recovered or was duplicated in another location (including the defendant’s systems) […] Read more » CASE SUMMARIES
e-Lawyering Court Shifts Costs to Discover Emails from Backup Tapes September 13, 2016 by kgates Elkharwily v. Franciscan Health Sys., No. 3:15-cv-05579-RJB, 2016 WL 4061575 (W.D. Wash. July 29, 2016) In this case, Defendant successfully established that retrieving archived emails from disaster recovery backup tapes “would result in an undue burden and cost” pursuant to Fed. R. Civ. P. 26(b)(2)(B). Although Plaintiff was unable to establish good cause to compel […] Read more » CASE SUMMARIES
e-Lawyering Statements of Information Withheld Comply with Amended Rule 34, Motion to Compel Denied August 29, 2016 by kgates Rowan v. Sunflower Elec. Power Corp., No. 15-cv-9227-JWL-TJJ, 2016 WL 3743102 (D. Kan. July 13, 2016) In this case, the court addressed, among other things, the sufficiency of Defendant’s objections to Plaintiff’s Requests for Production and in particular its compliance with the new requirements of amended Fed. R. Civ. P. 34, effective as of December […] Read more » CASE SUMMARIES FEDERAL RULES AMENDMENTS
e-Lawyering Use of Predictive Coding was “Reasonable Inquiry,” Motion to Compel Additional Discovery Denied August 18, 2016 by kgates Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, No. 2685-11, 8393-12, 2016 WL 4204067 (T.C. July 13, 2016) In September 2014, the court approved Petitioners’ use of predictive coding to identify potentially responsive and privileged data contained on two backup tapes, despite Respondent’s objection that the technology was “unproven.” (Read a summary of that […] Read more » CASE SUMMARIES