Case Law & Court Rules

In Kyko Global Inc. v. Prithvi Info. Solutions Ltd., the court addressed the question of whether defendants waived their attorney-client privilege following the sale of a seized computer at public auction. Kyko Global Inc. v. Prithvi Info. Solutions Ltd., No. C13-1034 MJP, 2014 WL 2694236 (W.D. Wash. June 13, 2014) Under Washington law, the court […]

Facebook has appealed a September 17, 2013 New York County trial court sealed order containing bulk search warrants directing Facebook to produce virtually all records and communications of 381 Facebook accounts. The warrants also included provisions barring Facebook from informing users of the warrants. Facebook unsuccessfully moved to quash the bulk warrants as overly broad […]

On June 6, 2014, a Georgia District Court issued an order encouraging the use of TAR. According to the Court, “predictive coding has emerged as a far more accurate means of producing responsive ESI in discovery” and it ordered the parties to consider its use. FDIC v. Bowden,No. 4:13-cv-245, 2014 WL 2548137 (S.D. Ga. June […]

On May 12, 2014, a Pennsylvania District Court issued an order encouraging the use of TAR. The Court referred to the availability of predictive coding as a new search protocol aiding in effective searches of large volumes of documents. In re Domestic Drywall Antitrust Litig., 300 F.R.D. 228 (E.D. Pa. 2014) is available at http://www.paed.uscourts.gov…  […]

On April 25, 2014 James Francis, Magistrate Judge of the Southern District of New York, held that all U.S.-based Internet, email, and on-line storage providers can be forced to hand over overseas data, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s […]

In a case of first impression, a New York Magistrate Judge held that US-based Internet service providers must turn over data stored overseas, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s data stored in Dublin, Ireland. More information on the Court […]

On April 21, 2014, the US Court of Appeals for the Federal Circuit, decided a patent infringement suit and it held – among other findings – that the duty to preserve relevant ESI ripens when litigation is reasonably anticipated or foreseeable. The duty to preserve arises at the same moment of the work product doctrine. […]

On January 28, 2014, an Illinois Circuit Court issued an order encouraging the use of TAR. The Court stated that the parties are encouraged to satisfy their discovery obligations in an “agreeable, efficient and effective” manner. “If the parties agree that predictive coding would be appropriate in this case, they are encouraged to use that […]

In this case, the court found that privilege was waived where Plaintiff failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials. The court’s determination that counsel did not take reasonable steps to prevent disclosure is based, in part, on the rapidity of the alleged review “each document received, on average, only […]

From the webpage: “The Guidelines, Checklist and Model Stipulated Order on this page are court-approved and counsel should consult them at the beginning of a case.” Documents: Guidelines for the Discovery of Electronically Stored Information (.pdf) ESI checklist for use during the Rule 26(f) meet and confer process (.pdf) Model Stipulated Order Re: the Discovery […]