e-Lawyering ESI Protocols: Courts Hold Parties to Account for Failing to Comply with the Protocols They Negotiated May 19, 2023 by Daniel Miller To resolve electronic discovery issues early in legal proceedings, parties often negotiate ESI protocols that define the required formats of production, outline the scope of record preservation required for the matter, and address key issues regarding ... Read more » Cell Phone Data Cellular Phone Email Emails ESI Protocol Manual Review Metadata Spoliation Text Message Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering Aminov v. Berkshire Hathaway Guard Insurance Companies (E.D.N.Y. 2022) March 3, 2022 by Robertson Noreus Key Insight: Defendant moved to compel plaintiff to produce for forensic examination the cell phone that recorded videos produced by Plaintiff. The court denied the motion, noting there must be good cause to order forensic examination when a party has ... Read more » CASE SUMMARIES Forensic Examination FRCP 34(b) Procedure or Format Metadata Motion to Compel
e-Lawyering Arconic Corp. v. Novelis Inc. (W.D. Pa. 2022) February 10, 2022 by Robertson Noreus Key Insight: The court denied plaintiff’s motion for recusal based on metadata in the court’s orders that suggested that the special master was the author of some of the court’s opinions in the case. Plaintiff claimed the author field... Read more » CASE SUMMARIES Metadata Recusal Uncategorized
e-Lawyering Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021) July 12, 2021 by Robertson Noreus Key Insight: Plaintiff’s Motion to Compel sought missing documents and communications from, and the correction of metadata “issues” from Defendant and its parent company (via third party subpoena), and sought an award of attorney’s fees and costs. The ... Read more » Breach of Contract CASE SUMMARIES Data Preservation Fees and Costs FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 34(b) Procedure or Format FRCP 45 Third Party Subpoenas Liability Insurance Metadata Missing Documents Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(f) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 37(c) Parent Company Privilege or Work Product Protections Proportionality