21 Rich. J.L. & Tech. 8 (2015) Author analyses Rule 37(e) amendment package to be implemented by December 1, 2015, which would provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI). The article covers the deficiencies with the current version of Rule 37(e); considers the […]
The District Court of Colorado determined cost shifting was appropriate because of the requesting party litigation choices and aggressive course of discovery resulted in heightened defense costs. In this case, the Clerk of the Court awarded $57,873.61 of taxable costs against the Plaintiff. Defendant, who prevailed on summary judgment, incurred into those costs as a […]
On February 12, 2015, the United States District Court for the Southern District of Ohio issued an opinion in an IP dispute, deciding on issues raised in anticipation of a discovery dispute conference. Among other issues, the Court clarified that the obligation to preserve evidences arises for a foreign company in the moment in which […]
In this case of breach of license agreement, after several discovery disputes among the parties, on December 9, 2014, a federal court fashioned a what it called a “new and simpler approach” to e-discovery, including the identification of 13 search terms/phrases to be utilized when searching Plaintiff’s corporate documents. Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 […]
On October 17, 2014, the New Jersey District Court issued an order granting subpoenas seeking production of documents for use in a foreign arbitration. In this maritime dispute, the breach of time-charter agreements called for arbitration of all disputes arising out of the contracts in London under English law. The offended parties, two US companies, […]
On October 29h, 2014, the US District Court, S.D. West Virginia entered an order allowing both computer-assisted and linear review after the parties disagreed on the procedure for identifying privileged information. In this case, the parties met in an effort to “craft an agreement respecting the handling of attorney-client and work product information inadvertently disclosed”. […]
On December 1, 2014, the US Supreme Court considered whether aggressive posting on Facebook should be considered as a “true threat” violating federal law or as a mere exercise of free speech right protected . Elonis v. United States. The posts in question were “directed” to the former wife of the author of the posting. While […]
(podcast with transcript) ABA Journal, Dec. 1, 2014 From the article: “Social media is an easy (and often free) tool that litigators can use to share their clients’ stories. But how much is too much, and what if you post something that you’ll regret later? In this month’s Asked and Answered podcast, we speak with […]
Texas Ethic Opinion 646 Professional Ethics Committee for the State Bar of Texas Topic: Prosecutor right to require criminal defense lawyers to keep confidential discoverable information contained in the prosecutor’s file. Statement of facts “A district attorney requires criminal defense lawyers to sign a confidentiality agreement as a condition to granting lawyers access to […]
United States v. Liu, 2014 U.S. Dist. LEXIS 160727, 1 (S.D.N.Y. Nov. 14, 2014) According to the District Court of the Southern District of New York jurors may be blogging about their day-to-day jury experience as the trial proceeds. In this case, after being convicted of immigration fraud, the defendants moved for a new trial […]