e-Lawyering Court Approves Proposal to Redact or Withhold Irrelevant Information from Responsive Documents and Document Families March 3, 2016 by kgates In re Takata Airbag Prods. Liab. Litig., MDL No. 2599 (S.D. Fla. Mar. 1, 2016) In this opinion, the District Court considered Defendants’ proposal to redact or withhold certain irrelevant information from responsive documents and document families. In approving the proposal, the court cited Chief Justice John Roberts’ recent comments that recently amended Federal Rule […] Read more » CASE SUMMARIES
e-Lawyering For the First Time, English Court Approves Use of Predictive Coding February 23, 2016 by kgates Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch) On February 2, 2016 an English court approved the use of predictive coding for the first time. Thereafter, it issued an opinion explaining the reasons for approval, relying in part upon the well-known Da Silva Moore case, which was the first to approve the […] Read more » CASE SUMMARIES
e-Lawyering Court Declines to Compel Production of All Documents Identified by Agreed-Upon Search Terms February 18, 2016 by kgates Gardner v. Continental Cas. Co., 3:13 CV 1918 (JBA), 2016 WL 155002 (D. Conn. Jan. 1, 2016) Plaintiffs sought to compel production of all 38,000 documents hit by agreed-upon search terms. Following review for relevance and privilege, Defendant produced only 2,214 pages “of which 274 pages consisted of copies of the complaints, with exhibits, filed […] Read more » CASE SUMMARIES
e-Lawyering Citing Newly-Amended Rule 37(e), Court Vacates Prior Order Imposing Adverse Inference February 4, 2016 by kgates Nuvasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB), 2016 WL 305096 (S.D. Cal. Jan. 26, 2016) In this case, the court granted Plaintiff’s motion to reconsider a prior order imposing an adverse inference for Plaintiff’s failure to preserve text messages, in light of new standards imposed under recently amended Federal Rule of Civil Procedure 37(e). […] Read more » CASE SUMMARIES
e-Lawyering Magistrate Judge Applies Newly Amended Rule 37(e), Addresses Threshold Question of Whether At-Issue Emails were “Lost” January 27, 2016 by kgates CAT3, LLC v. Black Lineage, Inc., No. 14 Civ. 5511 (AT) (JCF), 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) In this case, which raised “significant issues concerning the reach of newly amended Rule 37(e) of the Federal Rules of Civil Procedure, the standard of proof governing spoliation, and the relief appropriate for the destruction of […] Read more » CASE SUMMARIES
e-Lawyering Upcoming Event: The New FRCPs & Your eDiscovery Practice (Webinar) January 20, 2016 by kgates Join K&L Gates Partner, Daniel R. Miller and other distinguished panelists for an informative discussion of recent amendments to the Federal Rules of Civil Procedure. Date: January 26, 2016 Time: 10:00 – 11:30 PST (1:00 – 2:30 EST) Sponsored by: Law Seminars International Why You Should Call In Attorneys involved in federal court practice, in-house […] Read more » EVENTS