The California Court of Appeal held that under federal law a nonparty cannot avoid complying with a subpoena seeking electronically stored information on the ground that it must create new code to format and extract that information from its existing systems. After identifying subpoenaed parties’ obligations to extract existing data from computer systems the court […]
In October 2014, Kroll Ontrack issued a year-end survey questioning 550 law firms and corporate e-discovery professionals about their everyday practice to determine e-discovery trends in the past 12 months. According to the survey, 2014 saw an increase in the use of predictive coding in e-discovery matters: forty percent of the 550 interviewed law firms […]
Finjan, Inc. v. Blue Coat Sys., Inc., No. 5:13-cv-03999-BLF, 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014) In Finjan, Inc. v. Blue Coat Sys., the court had to decide whether to grant motion to compel the production of e-mails when the requesting party is not able to do the same in return. The court granted […]
Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) A US Tax Court held that predictive coding technique could be used to identify information even thought respondent objected that it is “unproven technology”. Responded requested petitioners to produce electronically stored information contained on backup tapes. Petitioners requested that […]
The article discusses the definition given by Gartner of dark data as the “information assets organizations collect, process and store during regular business activities but, generally fail to use for other purposes”. The source highlights the importance of proactively defining the value of data on an organizational level (information governance). The full text is available […]
United States of America v. Zhyltsou, No. 13-803-cr (2d Cir. Oct. 3, 2014) In United States of America v. Zhyltsou, the court addressed the issue of electronic evidences authentication. The Court of Appeals vacated the judgment of the district court that admitted evidence from a social media page without sufficient proof of its authenticity. According […]
Authors discuss some of the implications that arise when discovery demands cross borders. From the article: “The ability to manage language is a prerequisite for this, but it is not the only factor”. The article is available at: http://www.metrocorpcounsel…
On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed an amendment to Rule 41 Rule 41. Current Rule 41(b) generally limits warrant authority to searches within a district, but it contains four exceptions where out-of-district or extra-territorial warrants are permitted. The proposed amendment would authorize an additional exception. Magistrate judge […]
On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed a completely rewritten Rule 37(e) Rule 37(e). Preservation of ESI is a major issue confronting parties and courts, and loss of ESI has produced a significant split in the circuits. Some circuits hold that adverse inference jury instructions (viewed by […]
On September 18, the Judicial Conference Committee on Rules of Practice and Procedure approved proposed changes to the Federal Rules of Civil Procedure. The “Duke Rules Package” proposes amendments to rules 1, 4, 16, 26, 30, 31, 33 and 34, as well as an entirely rewritten Rule 37(e) addressing preservation and sanctions. The Judicial Conference Committee […]