Preservation and Cost Shifting: Recent New York Appeals Court Opinions...
The New York state Appeals Court has been active in the e-discovery space over the past few months. In Voom HD Holdings LLC v. EchoStar Satellite LLC the court discusses when the duty to preserve...
View ArticleWill SCOTUS Weigh In on the Taxation of e-Discovery Costs?
A few months ago, the Third Circuit slashed a district court’s award of costs by over $300,000, holding that with the exception of scanning and converting native files to TIFF format, e-discovery costs...
View ArticleProposed Privacy Law Amendments: Senate Judiciary Committee Fails to Take Up...
Authored by: Erica Gann Kitaev Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor. The Senate Judiciary Committee was slated on Thursday to take up long overdue...
View ArticleSCOTUS Declines to Weigh In on the Taxation of e-Discovery Costs
We previously discussed both the Third Circuit’s decision striking $300,000 in e-discovery costs from a cost award as non-taxable under 28 U.S.C. § 1920, and the defendants’ subsequent petition for...
View ArticleJudge Warns: Avoid Mechanically Produced Boilerplate Privilege Logs
Co-authored by: Karin Scholz Jenson A recent decision from Judge Facciola of the District Court for the District of Columbia lambasted a party’s unspecific, boilerplate privilege log and directed the...
View ArticleWhat You Don’t Know About Your Discovery Vendor Can Get You Sanctioned
A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors. In Peerless Industries, Inc. v. Crimson AV, LLC, the defendant...
View ArticleNothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits...
As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring...
View ArticleJudicial Conference Proposes Proportional Discovery Through Amendments to the...
For the first time in over twenty years, the Judicial Conference’s Committee on Rules of Practice and Procedure have approved for publication proposals to amend the Federal Rules of Civil Procedure....
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Video Interview: Providing a Practicing Litigator’s Perspective on LegalTech...
After attending LegalTech New York last week, Gil Keteltas, e-Discovery litigator and editor of BakerHostetler’s Discovery Advocate blog, had the opportunity to speak with Colin O’Keefe of LXBN to...
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Proportionality and Predictive Coding: A Hip Combination
Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses...
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Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Authored by: Fernando Bohorquez Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena...
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Highest Bidder Loses Spoliation Fight in Auction House Data Breach
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Co-authored by: Ganesh Krishna A recent case out of the Northern District of Ohio is an unsung victory for...
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The Da Silva Moore Sideshow Seeks The Big Stage
Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not. Recently, the Da Silva...
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Your Request for Spoliation Sanctions Could Get You Sanctioned
We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although...
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Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI...
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Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your...
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum,...
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E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World...
In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in...
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Information Governance – The importance of putting your data house in order
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially,...
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What? The Rules Committee Hearings Don’t Have A Hashtag?
This post is a joint submission with BakerHostetler Data Privacy Monitor blog. On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is...
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Human or Technology Assisted: Imperfect Review Can Still be Defensible (SDNY)
It’s a common refrain that, while courts have allowed the use of technology assisted review, no court has yet blessed the outcome of an imperfect technology assisted review process over the objection...
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