e-Lawyering The 2014 ABA Journal Blawg 100: Vote for Your Favorites Now! November 25, 2014 by K&L Gates The ABA Journal’s Annual Blawg 100 list was released yesterday and we are pleased to report that the Electronic Discovery Law blog was nominated in the Legal Tech category! The public is now invited to weigh in on the nominees by voting for their favorite in each category. To vote, click on the “Vote for... Continue Reading Read more » NEWS & UPDATES
e-Lawyering Considering Motion to Compel, Court Asks Whether Discovery Responses have been “Fair” November 4, 2014 by K&L Gates Finjan, Inc. v. Blue Coat Sys., Inc., No. 5:13-cv-03999-BLF, 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014) In this patent infringement case, Defendant objected to “producing custodial email from archival systems when [the Plaintiff] is not able to do the same in return.” Plaintiff filed a motion to compel. In assessing the motion, the court... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Back to Basics: Court Orders Compliance with Rule 34 October 24, 2014 by K&L Gates Venture Corp. Ltd. v. Barrett, No. 5:13-cv-03384-PSG, 2014 WL 5305575 (N.D. Cal. Oct. 16, 2014) Most lawyers (and hopefully judges) would be forgiven if they could not recite on demand some of the more obscure of the Federal Rules of Civil Procedure. Rule 80 (Stenographic Transcript as Evidence) and Rule 64 (Seizing a Person or... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Second Circuit Vacates Conviction for Failure to Authenticate Printed Profile from “Russian equivalent of Facebook” October 22, 2014 by K&L Gates United States v. Vayner, — F.3d —, 2014 WL 4942227 (2d Cir. Oct. 3, 2014) In this case, the Second Circuit vacated the defendant’s conviction “on a single charge of transfer of a false identification document” upon concluding that the district court erred in admitting a printout of the defendant’s alleged profile on “the Russian... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Citing Ethical Implications, Court Denies Motion to Appoint Coordinating Discovery Attorney in Criminal Case October 17, 2014 by K&L Gates United States v. Hernandez, No. 14 Cr. 499(KBF), 2014 WL 4510266 (S.D.N.Y. Sept. 12, 2014) Citing ethical implications, the District Court in this criminal case denied nine defendants’ motion to “appoint a tenth attorney to act as a Coordinating Discovery Attorney (“CDA”) on behalf of all nine defendants.” The Court concluded that “[a] vendor with an... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology” September 26, 2014 by K&L Gates Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) In this case, the court approved petitioners’ (Dynamo Holdings Ltd. Partnership et. al.) use of predictive coding to identify potentially responsive and privileged data contained on two backup tapes, despite respondent’s (Commissioner of Internal Revenue) objection that the technology... Continue Reading Read more » CASE SUMMARIES