e-Lawyering D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019) December 17, 2021 by KLG PDF Import Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims Nature of Case: Medical malpractice Electronic Data Involved: Responsive documents Keywords: Privilege, state law Identified State Rule(s... Read more » CASE SUMMARIES Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) Motion to Compel Privilege or Work Product Protections
e-Lawyering Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017) December 17, 2021 by KLG PDF Import Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location Nature of Case: insurance coverage litigation Electronic Data Involved: Box.com uploads Keywords: Box.com, privilege waiver, publicly accessible... Read more » CASE SUMMARIES Cloud Computing FRCP 26(b)(5)(B) or FRE 502 Other Federal Rule(s) of Civil Procedure and/or Evidence Privilege or Work Product Protections State Rule(s)of Civil Procedure and/or Evidence
e-Lawyering Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019) December 17, 2021 by KLG PDF Import Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit. Nature of Case: recovery of attorney costs incurred in prior suit Electronic Data Involved: ... Read more » CASE SUMMARIES Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Privilege or Work Product Protections State Rule(s)of Civil Procedure and/or Evidence
e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message
e-Lawyering Addi v. Corvias Management-Army, LLC (D. Md. 2021) September 21, 2021 by Robertson Noreus Key Insight: Work-product privilege protects documents prepared in anticipation by a party, its attorneys, or its consultants and agents. A consulting expert’s analysis and reports is protected work product. However, a consulting expert becomes a fact ... Read more » CASE SUMMARIES Consulting Expert Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(b)(3) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(b)(4) Privilege or Work Product Protections Work Product
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