e-Lawyering Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff December 18, 2014 by K&L Gates Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014) In this breach of contract case, the court granted in part Defendant’s motion to compel and, in light of Plaintiff’s piecemeal production (which the court had earlier cautioned against) and other discovery failures, fashioned a “new and simpler approach” to discovery,... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Software Licensing Restrictions No Shield Against Production December 9, 2014 by K&L Gates Pero v. Norfolk S. Ry., Co., No. 3:14-CV-16-PLR-CCS, 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014) In this case, the court declined to require the plaintiff to view the at-issue video at Defendant’s counsel’s office or to obtain a license for the proprietary viewing software and ordered the defendant to either produce a laptop with... Continue Reading Read more » CASE SUMMARIES
e-Lawyering Court Declines to Preclude “Eyes On” Review for Privilege November 25, 2014 by K&L Gates Good v. Am. Water Works Co., Inc., No. 2:14-01374, 2014 WL 5486827 (S.D. W. Va. Oct. 29, 2014) In this case, the parties made an effort to “craft an agreement respecting the handling of attorney-client and work product information inadvertently disclosed,” but disagreed regarding the proper procedure for identifying privileged information. Defendants sought to “’encourage... Continue Reading Read more » CASE SUMMARIES
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