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 America West Bank Members v. State of Utah (D. Utah 2021) November 10, 2021 by Robertson Noreus Key Insight: Plaintiff filed a motion to compel after learning through the discovery process that defendants purged or lost emails and documents. Plaintiff sought “discovery on discovery” to discern the identities of individuals whose emails would have... Read more » CASE SUMMARIES Data Preservation Discovery on Discovery FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 37(e) Preservation (effective Dec. 1, 2015) Lost Documents Motion to Compel Policy on Routine Records Management and Retention Proportionality Relevance Spoliation
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
e-Lawyering Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021) June 14, 2021 by Robertson Noreus Key Insight: Plaintiffs sought a protective order to prevent defendant from obtaining ESI from five different social media platforms they were active on. The court found that while a plaintiff’s social media postings could be relevant to a claim for “g... Read more » CASE SUMMARIES Cost Shifting Data Privacy Emotional Distress Damages Format Of Production FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 FRCP 26(c) Protective Orders FRCP 34(b) Procedure or Format Motion for Protective Order Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(g) Proportionality Social Media Text Message
e-Lawyering Aviles v. S&P Global, Inc. (S.D.N.Y. 2021) May 24, 2021 by Robertson Noreus Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confid... Read more » CASE SUMMARIES Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Privilege or Work Product Protections Proportionality Relevance Server Shareholder Suit