On February 6, 2017, the Court of Appeals for the Fourth Circuit affirmed a district court judgement’s dismissal of two data breach class actions for lack of subject-matter jurisdiction: Plaintiffs failed to establish a non-speculative, imminent injury-in-fact identity theft after a 2013 and 2014 data breach. This was a consolidated appeal of veterans against William Jennings Bryan […]
Tags: DATA PROTECTION
On September 30, 2016, a California federal court granted permission to serve process through Twitter on a foreign defendant. Plaintiff St. Francis Assisi (a non-profit corporation) sued the defendants Kuwait Finance House, Kuveyt-Turk Participation Bank Inc., and Hajjaj al-Ajmi (an individual) for damages and equitable relief arising from the defendants’ financing of the terrorist organization Islamic […]
Court Limits Request for Social Media to Certain Relevant Information On August 19, 2016, a Louisiana Middle District Court granted a motion to compel discovery of social media postings. In this personal injury case, Movant sought, among other requests, an order compelling a “more complete responses” to his request for production concerning plaintiff’s social networking […]
Tags: E-DISCOVERY
On July 25, 2016, the Washington District Court –using its inherent power to sanction – fined Defendant’s attorney for failing to rely on new rules. According to the Court, Defendants “proceeded to misstate the law” in their reply brief on the motion to compel by citing case law “that analyzed the version of Federal Rule of […]
On July 13, 2016 the Tax Court basically found that the use of predicting coding does not alter discovery standards for response completeness. This is the background: In September 2014 the Tax Court found that predictive coding is an expedited and efficient form of computer-assisted review that allows parties in litigation to avoid the time […]
On June 27, 2014, the D.C. Court of Appeals issued an opinion clarifying that it is not necessary for an investigation to have as only purpose to obtain or provide legal advice in order to maintain privilege. It is sufficient that one of its “significant purposes” was to provide legal advice. In re Kellogg […]
On March 15, 2013, the ` issued an opinion in a dispute over non-party discovery. The opinion is interesting because the Court recommended the use of TAR to reduce discovery costs and burden. The Court observed that “predictive coding is an automated method that credible sources say has been demonstrated to result in more accurate searches […]
On February 18, 2014, the New York District Court issued an order in a gender discrimination class action, which among others, allowed the compelled party to manually review the documents resulting from an agreed-upon search term query. The Court considered the use of search terms to be a form of TAR. Since neither party agreed to produce documents […]
On March 10, 2014, the Nebraska District Court, issued an order with which it instructed the parties to use predictive coding in connection with the first phase of discovery. The parties had not considered the use of TAR. However, the Court asked the parties to “consult with a computer forensic expert to create search protocols, […]
Public comments on TAR. On August 2016, the Sedona Conference Working Group on Electronic Document Retention (WG1) published the TAR Case Law Primer. The document discusses more than 30 decisions from state, federal, and foreign courts and administrative agencies addressing the use of Technology-Assisted Review (TAR) in civil discovery. The WG1 encourages public comment on […]