e-Lawyering What the judges think: e-discovery practices and trends April 16, 2015 by K&L Gates by Daniel Miller and Tina Miller This article was originally published in the Lawyers Journal, The Journal of the Allegheny County Bar Association, April 3, 2015. A recent survey of leading federal jurists indicates that many attorneys need to improve their knowledge and practices regarding e-discovery. The “Federal Judges Survey on e-discovery Best Practices and Trends,” commissioned by... Continue Reading Read more » NEWS & UPDATES
e-Lawyering No Sanctions for Discovery Failures Resulting from Court-Ordered Seizure of Defendants’ Books and Records in a Separate Case April 15, 2015 by K&L Gates Perez v. Metro Dairy Corp., No. 13 CV 2109(RML), 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2015) Plaintiffs in this collective action sought spoliation sanctions for Defendants’ failure to produce certain relevant evidence, including payroll records, W-2s, cashier sheets, etc. Defendants objected to the motion on the grounds that “all of their books, records and computers... Continue Reading Read more » CASE SUMMARIES
e-Lawyering “[A] a party is not required to preserve all its documents but rather only documents that the party knew or should have known were, or could be, relevant to the parties’ dispute.” April 9, 2015 by K&L Gates Blue Sky Travel & Tours, LLC v. Al Tayyar, —Fed. Appx.—, 2014 WL 1451636 (4th Cir. Mar. 31, 2015) In this case, a magistrate judge imposed severe sanctions for Defendants’ failure to preserve “all documents” once litigation began. Specifically, the magistrate judge held that “once litigation began, [Defendants] had a duty to stop its document... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Sixth Circuit Affirms Recovery of e-Discovery Costs for Imaging Plaintiff’s Computer March 27, 2015 by K&L Gates Colosi v. Jones Lang Lasalle Amers. Inc., –F.3d–, 2015 WL 1186765 (6th Cir. Mar. 17, 2015) In this opinion, the court addressed the recovery of taxable costs related to e-Discovery and concluded that “a plain reading of the statute authorizes courts to tax the reasonable cost of imaging, provided the image file was necessarily obtained... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Upcoming Events March 27, 2015 by K&L Gates Strafford – E-Discovery Strategies: Preparing for New FRCP Amendments on Proportionality and Managing ESI April 14, 2015 1-2:30 PM EDT Webinar Join K&L Gates attorney Bree Kelly and her fellow panelists for a discussion of “E-Discovery Strategies: Preparing for New FRCP Amendments on Proportionality and Managing ESI.” The discussion will cover a range of topics,... Continue Reading Read more » EVENTS
e-Lawyering “The power of a U.S. Court to require compliance with U.S. discovery obligations does not arise until and unless the Court has jurisdiction.” March 18, 2015 by K&L Gates Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., No. 1-11-cv-824, 2015 WL 631045 (S.D. Ohio Feb. 12, 2015) In this case, the court addressed several discovery issues, including the question of when Defendant’s duty to preserve arose. The Intervenor/Counter Defendant asserted the duty arose in 2002. Defendant—an Australian Corporation—asserted the duty could no t... Continue Reading Read more » CASE SUMMARIES