e-Lawyering “Ignoring the capabilities which ESI allows the parties to search for and produce factual information in a case of this nature is like pretending businesses still communicate by smoke signals.” May 23, 2014 / July 10, 2014 by K&L Gates In re Domestic Drywall Antitrust Litig., —F. Supp. 2d—, 2014 WL 1909260 (E.D. Pa. May 12, 2014) The issue presented is whether Plaintiffs must provide facts supporting Plaintiffs’ allegations—a frequent issue in antitrust litigation. The Court concludes, because of Plaintiffs’ counsel’s felicitous access to electronically stored information, that Plaintiffs must provide a pretrial statement setting... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court Orders Forensic Examination for Inadequate Preservation & Collection, Confirms “Basic Rule” that Custodians must be Consulted for Input on Search Terms May 19, 2014 / July 10, 2014 by K&L Gates Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2014 WL 800468 (S.D. Fla. Feb. 28, 2014); No. 12-24356-CIV, 2014 WL 1047748 (S.D. Fla. Mar. 18, 2014) In this pair of opinions, the court addressed the obligations of client and counsel with regard to the preservation and collection of electronically stored information and the obligation of counsel... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Despite Alleged Budget Constraints, Government Ordered to Continue to Pay for Database to Avoid Prejudice to Criminal Defendants May 13, 2014 / July 10, 2014 by K&L Gates United States v. Shabudin, No. 11-cr-00664-JSW-1 (NJV), 2014 WL 1379717 (N.D. Cal. Apr. 8, 2014) In this criminal case, the Government was ordered to continue to maintain a Relativity Database (the “Database”) utilized by the parties to review documents produced by the Government and to continue to provide Defendants with the access and support that... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Proposed Rule 37(e) Draft Committee Note Now Available May 12, 2014 / July 10, 2014 by K&L Gates As previously discussed on this blog, proposed amendments to the Federal Rules of Civil Procedure were recently approved by the Advisory Committee on Civil Rules for submission to the Committee on Rules of Practice and Procedure (the “Standing Committee”). At the time of approval, the Committee Note for Proposed Rule 37(e) remained “under construction.” The... Continue Reading Read more » FEDERAL RULES AMENDMENTS NEWS & UPDATES
e-Lawyering State Bar of California Issues Interim Opinion on Attorneys’ Ethical Duties in the “Handling of Discovery of [ESI]” – Public Comment Invited May 6, 2014 / July 10, 2014 by K&L Gates The State Bar of California Standing Committee on Professional Responsibility and Conduct has issued Formal Opinion Interim No. 11-0004 (ESI and Discovery Requests) for public comment. By analyzing a hypothetical fact pattern, the interim opinion addresses the following question: “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” Public... Continue Reading Read more » NEWS & UPDATES
e-Lawyering Starting Discovery with a Rule 30(b)(6) Deposition into “Manner and Methods” Used to Store ESI “Puts the Cart before the Horse” April 29, 2014 / July 10, 2014 by K&L Gates Miller v. York Risk Servs. Grp., No. 2:13-cv-1419 JWS, 2014 WL 1456349 (D. Ariz. Apr. 15, 2014) In this case, Plaintiffs determined that they would “need to discover electronically stored information” and sought first to compel the defendant to “participate in a Rule 30(b)(6) deposition regarding the manner and methods used by Defendant to store... Continue Reading Read more » CASE SUMMARIES