Posts Tagged ‘caselaw’
hide story details [-]
- May 2nd
-
N.D. California Court Declines to Follow Race Tires, Allows Taxation of e-Discovery Costs
In re Online DVD Rental Antitrust Litig., No. M 09-2029 PJH, 2012 WL 1414111 (N.D. Cal. Apr. 20, 2012)
Plaintiffs moved for review of the clerk’s taxation of costs, including those related to electronic discovery. Noting the recent decision…posted at 8:14pm on May 2nd
-
International Data – When your data is spread throughout the world: Interview with Jonathan Wilan, Partner at Hunton & Williams LLP
Many players within the oil & gas industry operate internationally, and this often results in discoverable data spread throughout the world. I interviewed Jonathan Wilan, Partner at Hunton & Williams LLP, to get some insights into international data privacy laws that have a bearing on eDiscovery, whether these laws create a conflict with discovery obligations in the United States, and what to do when a conflict arises. Amber Scorah: Can you give us an overview of international data privacy laws that may have a bearing on eDiscovery? Jonathan Wilan: When preserving, processing, or exporting data from a foreign jurisdiction to the United States, it is essential to consider the laws of the jurisdiction where the data is located that might prohibit or limit the ability to conduct discovery in the same manner a party might in the United States. Of [...]
posted at 9:00am on May 2nd
- April 30th
-
Preserving e-evidence a difficult task – Lawyers Weekly
Lawyers WeeklyPreserving e-evidence a difficult taskLawyers WeeklyLast October, a Virginia judge slapped lawyer Matthew Murray with one of the largest e-discovery sanctions levied to date for advising his client to take down Facebook photos. “The rea…
posted at 8:12am on Apr 30th
- April 27th
-
Open Questions About Carter’s Upholding of Peck
Hello world! We’re doing an unscientific poll about your reaction to Judge Carter’s decision to uphold Judge Peck’s approval of predictive coding software. Some important questions are below. If you have opinions, then please email me (ekoblentz-at-alm-dot-com) — especially if you’re a CIO, lit support specialist, or service provider. (Note: your emails must identify who you are, but if you need to remain anonymous in publication, then indicate that.) Do you expect the decision to impact clients’ interest in using predictive coding? If so, how? Companies that makes predictive coding software are now likely to say, “We told you so”; what pitfalls should clients beware? If you’re a skeptic, then what other advancements / decisions / innovations would you like to see before using predictive coding? What would it take to convince keyword-search Tories that assisted review rebels are right? What would it take to convince assisted review rebels that there remains lessons to be learned from keyword-search Tories? Do you anticipate the same epic battle happening with any other litigation technologies? Someday, da Silva Moore may be looked back upon as the Scopes Monkey Trial of litigation technology. What’s it mean to you? Suppose there’s a case where the software goes haywire; is it worth the risk?
posted at 11:20am on Apr 27th
- April 24th
-
Va. Judge Orders Predictive Coding Over Plaintiff Objections
In what could be a milestone moment, a county judge in Virginia yesterday ordered that defendants can use predictive coding, despite plaintiff’s objections that the technology is not as effective as purely human review. In Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, Loudoun County Circuit Judge James Chamblin wrote: “Having heard argument with regard to the Motion of Landow Aviation … it is hereby ordered Defendants shall be allowed to proceed with the use of predictive coding for purposes of processing and production of electronically stored information.” Chamblin, in allowing 60 days for processing with “production to follow as soon as practicable and in no more than 60 days,” continued: “This is without prejudice to a receiving party raising with the court an issue as to the completeness of the contents of the production or the ongoing use of predictive coding.” There are many questions to ponder. Will a county court order have any impact on state or federal courts? What about impacting the current predictive coding controversies in the da Silva Moore and Kleen Products cases? Which software companies are involved? Can the plaintiffs take any further appeal action? Look for details in Law Technology News later today.
posted at 1:37pm on Apr 24th
- April 23rd
-
Tiff production or Native Production? Avoiding Sanctions
Larsen v. Coldwell Banker Real Estate Corp., No. SACV 10-00401-AG (MLGx), 2012 U.S. Dist. LEXIS 12901 (C.D. Cal. Feb. 2, 2012) Plaintiffs’ request for production of ESI in native format,
posted at 9:21pm on Apr 23rd
-
United States: Seventh Circuit Addresses International Custody Dispute Under International Convention
The international practice teachings from the decision including the following: First, the Court of Appeals affirmed that cases in U.S. federal court properly are subject to the U.S. . Describing the argument for a different …
posted at 1:20pm on Apr 23rd
-
Allergies, E-Discovery and Karma: Yes, The Rules Apply to Law Firms, Too
For many years, I was pretty unsympathetic to allergy sufferers. After all, it was only allergies for heaven’s sake. How bad could it be? Well, after 12 years of allergy-free living in Virginia, I learned how bad it could be. Virtually overnight, I lost my voice, couldn’t sleep, and found myself walking around in a daze struggling to breathe. That was last spring. This year, with allergen counts hundreds of times their normal levels, well, let’s just say that Karma paid me another unfriendly visit. So, when I read Pouncil v. Branch Law Firm, Case No. 10-1314-JTM-DJW (D. Kan. Mar. …
[ CONTINUE READING → ]
posted at 11:38am on Apr 23rd
- April 17th
-
Speaking of ‘Da Silva Moore’ — Recusal?
“The e-discovery dispute in Monique da Silva Moore, et al. v. Publicis Group SA, et al. (Case No. 11-CV-1279), in the U.S. District Court for the Southern District of New York, took one step closer to a reality show on April 13, when plaintiffs filed a formal motion to recuse or disqualify Magistrate Judge Andrew Peck,” writes Sean Doherty. Read the full article, “E-Discovery Dispute Yields Formal Recusal Request in ‘Da Silva Moore,’” on LTN online.
posted at 3:53pm on Apr 17th
- April 16th
-
Articles on eDisclosure, eDiscovery, Cooperation and Privacy by UK and US Judges
For reasons which I may explain separately, I had banked on the Easter period being quiet on the eDiscovery front. On the whole, that hope was justified, with Twitter relatively quiet, few interesting things to pass on, e-mail volumes down, and almost …
posted at 9:20pm on Apr 16th