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 […]
In this age where e-discovery increased the cost of litigating, New York’s Commercial Division will benefit from Rule 11-b, otherwise known as the revised privilege log practice, starting from September 2, 2014. According to the order issued on July 8, 2014, Rule 11-b will require parties to meet before and throughout litigation to discuss the […]
Kentucky District Court determined that Plaintiff waived privilege because its Counsel – by reviewing documents too quickly – failed to take reasonable steps to prevent inadvertent disclosure. More information here. Follow us on& Like us on
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. […]
Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) In past years I have written a year-in-review Ethics Watch column, covering significant South Carolina ethics decisions and opinions, along with ABA Formal Opinions issued during the year. Because technology is playing an increasingly important role in the […]
Lawyers are familiar with the “litigation hold” – once litigation is reasonably anticipated, potentially relevant documents, including electronic documents, must be retained and not destroyed. Ordinarily the scope of that data extends to the specific parties and the locations their relevant data may be found (laptops, cell phones, etc.). But when the litigation involves the […]