e-Lawyering A Responding Party Cannot be Forced to Use Technology Assisted Review (Predictive Coding) August 8, 2016 by kgates Hyles v. New York City, 10 Civ. 3119 (AT)(AJP) (S.D.N.Y. Aug. 1, 2016) In this case, the court addressed the question of whether the City could be “forced” to use technology assisted review (predictive coding) to identify discoverable information when the City itself preferred to use keyword searching. “The short answer [was] a decisive ‘NO.’” […] Read more » CASE SUMMARIES
e-Lawyering Reliance on Caselaw Analyzing Prior Version of Rule 26 “Inexplicable” and “Inexcusable,” Sanctions Imposed August 5, 2016 by kgates Fulton v. Livingston Fin., LLC, No. C15-0574JLR, 2016 WL 3976558 (W.D. Wash. July 25, 2016) In this opinion, the court imposed sanctions for counsel’s misrepresentations of law and fact, including his citation to caselaw analyzing outdated standards under Fed. R. Civ. P. 26(b)(1), which was substantially affected by the December 2015 amendments. Calling counsel’s reliance on […] Read more » CASE SUMMARIES
e-Lawyering Second Circuit: Warrant may not Compel Production of Emails from Ireland July 26, 2016 by kgates In re a Warrant to Search a Certain E-mail Account Controlled & Maintained by Microsoft Corp., No. 14-2985 (2d Cir. July 14, 2016) In this case, Microsoft Corporation appealed orders from the United States District Court for the Southern District of New York denying its motion to quash a warrant issued under § 2703 of […] Read more » CASE SUMMARIES
e-Lawyering “A litigant cannot keep its own system secret and then refuse to gather the information itself.” July 13, 2016 by kgates Labrier v. State Farm Fire & Cas. Co., No. 2:15-cv-04093-NKL, 2016 WL 2689513 (W.D. Mo. May 9, 2016) Upon Defendant’s refusal to provide Plaintiff with a list of data fields from two proprietary databases or to allow remote access, the Special Master ordered Defendant to respond to written interrogatories meant to provide the information sought […] Read more » CASE SUMMARIES
e-Lawyering Contents of Personal Computers and Email Accounts Within Scope of Discovery, Search Ordered by Court June 28, 2016 by kgates Sunderland v. Suffolk Cty., No. CV 13-4838 (JFB)(AKT), 2016 WL 3264169 (E.D.N.Y. June 14, 2016) In this civil rights action, the parties agreed upon search terms to identify responsive material but did not agree regarding the propriety of searching the Individual Defendants’ personal computers and email accounts. Concluding that responsive information located in the Individual […] Read more » CASE SUMMARIES
e-Lawyering Court Orders Native Production Absent Explanation of Allegedly Burdensome Cost and Upon Showing of Good Cause June 22, 2016 by kgates Mitchell v. Reliable Sec., LLC, No. 1:15-cv-03814-AJB, 2016 WL 3093040 (N.D. Ga. May 23, 2016) Addressing the parties’ dispute over the proper format of production—specifically, whether ESI should be produced in native format or PDF—the Court found Defendant failed to make an adequate showing that production of native files was cost prohibitive and that, in […] Read more » CASE SUMMARIES