On September 18, 2014, the Oregon District Court, issued an order in a Consolidated Amended Class Action Complaint against excessive flood insurance coverage. Among other matters, the order is interesting because it highlights the parties’ use of TAR. In this case, Plaintiff’s counsel reviewed more than 1.1 million documents produced in the case using “search […]
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 requests Petitioners to produce electronically stored information contained on two backup storage tapes or, […]
In Melian Labs Inc. v. Triology LLC, case number 4:2013cv04791, a trademark infringement action, plaintiff objected to defendant’s non responsive responses to some of its requests for production. The order of the court (NDCA) is interesting (at least) under two perspectives. First, the order is interesting for the part in which it deals with the […]
On August 29, 2014, in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., the US District Court of the Southern District of New York, on request of the Government, lifted the stay of execution of an order requiring Microsoft Corp. to turn over a customer’s emails stored in […]
ABA Journal, Sept. 2014 The author discusses the Zubulake cases and the consequences that the decision had for the E-Discovery industry. Referenced Authority Zubulake IV Zubulake V Fed. R. Civ. P. 26(b)(1); 37(e) The full text is available at http://www.abajournal…
Cal federal court sanctioned third party who ignored subpoena for ESI In Vasquez v. California, 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 […]
We think of electronic discovery as mainly used in big cases, but discovery of electronically stored information (ESI) can be extremely important regardless of the size of the case. However, how can lawyers accommodate the need for discovery of ESI with the practical and financial restraints that apply to small cases? A useful volume that […]
On August 6, 2014, the United States District Court, Southern District of California issued an order in a class action brought for Violation of Federal Securities Laws. Among other matters, the order is interesting because a party compels the use of TAR. The court denied Plaintiffs’ request to require the defendants to use TAR on […]
On July 22, 2014, the Tennessee District Court issued an order in a breach of contract dispute. Among other issues, the order is interesting because the Court permitted Plaintiff to switch to TAR after having previously agreed to use search terms and manual review. Defendant objected that the request was an “unwarranted change in the […]
On July 21, 2014, the United States District Court, District of Nevada, fined Plaintiff and her counsel for deletion of social media postings. The magistrate judge had granted in part Defendant’s Motions for Spoliation Sanctions against the Plaintiff for intentionally destroying text messages and Facebook posts that contradicted Plaintiff’s claims. Plaintiff moved to reconsider the […]