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 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