e-Lawyering Magistrate Judge Peck Addresses TAR, Provides Insight on Important Issues March 5, 2015 by K&L Gates Rio Tinto PLC v. Vale S.A., —F.R.D.—, 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015) Taking up the topic of technology-assisted review (“TAR”), Magistrate Judge Andrew Peck’s most recent opinion declares that “it is now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it.” Despite this,... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court finds Defendants are Entitled to Recover $55,649.98 in e-Discovery Costs February 27, 2015 by K&L Gates Comprehensive Addiction Treatment Center, Inc. v. Leslea, No. 11-cv-03417-CMA-MJW, 2015 WL 638198 (D. Colo. Feb. 13, 2015) Plaintiffs brought a “Motion to Review Clerk’s Taxing of Costs Under F.R.C.P. 54(D)(1).” Specifically, Plaintiffs sought review of the clerk’s determination “concerning the costs taxed amount of $55,649.98, which accounts for Defendants contracting with a private consulting company,... Continue Reading Read more » CASE SUMMARIES
e-Lawyering You Needn’t Keep Everything Forever: No Sanctions for Non-Party’s Failure to Produce because of Retention Polices, Technology Changes February 12, 2015 by K&L Gates United Corp. v. Tutu Park Ltd., No. ST-2001-CV-361, 2015 WL 457853 (V.I. Jan. 28, 2015) In December 2012, the court in this case issued a subpoena directing Kmart Corporation (“Kmart”) to produce twenty-one categories of documents and later granted Plaintiff’s motion to compel the same. Accordingly, Kmart produced responsive documentation, but not to Plaintiff’s satisfaction. ... Continue Reading Read more » CASE SUMMARIES
e-Lawyering For Delayed Production of Social Media and Other ESI, Court Declines to Shift Expert Costs, Awards Attorneys’ Fees; No Sanctions for Lost Text Messages February 6, 2015 by K&L Gates Federico v. Lincoln Military Housing, LLC, No. 2:12-cv-80, 2014 WL 7447937 (E.D. Va. Dec. 31, 2014) In this class action case involving consolidated claims for personal injury and property damage, Plaintiffs’ production of social media posts and other electronically stored information was significantly delayed and allegedly incomplete. The court declined to dismiss Plaintiffs’ case, however,... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Applying Proportionality to Preservation, Court Grants Permission to Dispose of Computers January 20, 2015 by K&L Gates Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR, 2014 WL 5477639 (N.D. Cal. Oct. 29, 2014) Following an order granting summary judgment in their favor, the “Board Member Defendants” notified the plaintiff that they would no longer contribute to the cost of storing 159 computers, but refused to consent to allowing Plaintiff... Continue Reading Read more » CASE SUMMARIES
e-Lawyering State Bar of California Interim Opinion on Attorneys’ Duties in the “Handling of Discovery of [ESI]” – Comment Period Extended January 15, 2015 by K&L Gates As was previously reported on this blog, here, the California State Bar Standing Committee on Professional Responsibility and Conduct (“COPRAC”) published Proposed Formal Opinion Interim No. 11-0004, addressing “ESI and Discovery Requests,” for public comment in Spring 2014. At its December meeting, COPRAC revised that opinion in response to public comment and approved an additional... Continue Reading Read more » NEWS & UPDATES