e-Lawyering Calhoun v. Google LLC (N.D. Cal. 2022) June 6, 2022 by Robertson Noreus Key Insight: This matter relates to the court’s order to compel and order to show cause as to why Google should not be sanctioned for interfering with the production of third-party Ernst & Young (E&Y) documents ordered by the court. Plain... Read more » CASE SUMMARIES Fees and Costs FRCP 37(b)(2)(C) Motion to Compel Third Party Discovery Third Party Production
e-Lawyering Edwards v. McDermott Int’l, Inc. (S.D. Tex. 2022) May 18, 2022 by Robertson Noreus Key Insight: The court was required to balance the proportionality factors to determine whether plaintiff’s proposed search terms that would require defendants to review 1.3 million documents were proportional to the needs of the case or if defen... Read more » CASE SUMMARIES Custodians FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Proportionality Search Terms
e-Lawyering Jordan Khan Music Co. v. Taglioli (E.D. Tex. 2022) May 12, 2022 by Robertson Noreus Key Insight: Plaintiffs moved to compel the forensic examination of defendants’ devices and data storage for imaging and inspection, along with their licenses for all software used for their businesses. Plaintiffs claimed the discovery was releva... Read more » CASE SUMMARIES Forensic Examination Forensic Imaging FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 FRCP 34(b) Procedure or Format FRCP 37(a)(1) Motion to Compel Proportionality
e-Lawyering In re Actos End Payor Antitrust Litig. (S.D.N.Y. 2022) March 30, 2022 by Robertson Noreus Key Insight: On plaintiff’s motion to compel, the magistrate judge ruled that defendant Takeda was to produce “all responsive ESI to Plaintiffs, including earlier-in-time emails.” In its production, Takeda had used email threading by ... Read more » Adequacy of Search/Identification or Collection CASE SUMMARIES Email Threading FRCP 34(a)(1)(A) Motion to Compel
e-Lawyering Famulare v. Gannett Co., Inc. (D.N.J. 2022) March 17, 2022 by Robertson Noreus Key Insight: The discovery dispute involved whether defendants are obligated to produce screenshots of certain computer generated reports from defendants’ computer program known as Salesforce. Salesforce maintains and memorializes various perform... Read more » CASE SUMMARIES Format Of Production Motion to Compel Rule 30(b)(6) Deposition Salesforce Data
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