Yearly Archives: 2012

U.S. District Court for the Northern District of California Adopts New Electronic Discovery Guidelines Effective November 27, 2012

by Terri A. Thomas The U.S. District Court for the Northern District of California unanimously adopted new guidelines regarding the discovery of electronically stored information (“ESI”). The guidelines are tools “designed to promote cooperative e-discovery planning . . . that is tailored and proportionate to

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Posted in Articles, eDiscovery, electronically stored information, ESI

Judge Orders Parties to Keep it “Kleen”

            The first rule of successful lawyering is that one must be a zealous advocate for his or her client. While this mantra is essential to best practice, it should not be followed to the exclusion of traditional trial etiquette. This was

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Posted in Articles, Class action, coding, discovery request, eDiscovery, predictive, production, proportionality

Pennsylvania Supreme Court to Address Admissibility of Text Messages as Evidence

 This piece was first published on the blog From the Sidebar and is reprinted with permission. By Hayes Hunt and Michael Zabel Today, oral argument will be heard in Commonwealth v. Koch, a case in which the Pennsylvania Supreme Court is

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Posted in admissibility, admissible, Articles, cell phone, cellular phone, eDiscovery, electronic communication, evidence, instant messages, text messages

Social Media Login and Password Discovery Requests: A Useful Tool in the Quest for Truth or an Invasion of Privacy? One Pennsylvania Court Helps Navigate the Debate

            The July 5, 2012 decision of the Allegheny County Court of Common Pleas in Trail v. Lesko explores the legal landscape relating to the scope of discovery of social media.              Judge Wettick spends the majority of the Lesko opinion laying

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Posted in Articles, discovery of social media in lawsuits, discovery of social networking sites, discovery request, Facebook, social media and disclosure of confidential information

Shifting E-Discovery Costs to the Plaintiff in a Potential Class Action: a Pennsylvania Federal Court Tells Plaintiffs’ Counsel to “Make the Investment in Discovery”

In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC, No. 10-2326, No. 11-2644 (E.D.

Posted in Articles, Class action, cost sharing, costs, discovery request, e-discovery compliance, e-discovery costs, e-discovery plan, electronically stored information, ESI, litigation hold, recovery of e-discovery costs, unproduced documents

Impact of Chin Decision on Pension Committee

         The Second Circuit’s recent decision in Chin v. Port Authority, Nos. 10-1904-cv(L), 10-2031-cv(XAP), 2012 U.S. App. LEXIS 14088 (2d Cir. July 10, 2012), appears to have overruled the 2010 opinion from the Southern District of New York

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Second Circuit Refuses to Find Failure to Issue Litigation Hold Gross Negligence Per Se

            Reviewing a motion for sanctions for spoliation of evidence, the United States Court of Appeal for the Second Circuit rejected the argument that failure to issue a litigation hold constitutes gross negligence per se. Chin v. Port Authority, Nos. 10-1904-cv(L),

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Judge Refuses Recusal in Da Silva Moore

  Drama stirred in the burgeoning e-discovery world on March 15, 2012, when Magistrate Judge Andrew Peck denied Plaintiffs’ request that he recuse himself from Da Silva Moore v. Publicis Groupe, No. 11-CV-1279 (ALC) (AJP) (S.D. N.Y. June 15, 2012).

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Pennsylvania Announces E-Discovery Amendments to Rules of Civil Procedure

          Pennsylvania recently adopted amendments to its Rules of Civil Procedure that govern e-discovery practice in the Commonwealth. Although the amendments to Rules 4009 and 4011 (requests for production and the scope of discovery, respectively) use the federal term “electronically stored

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Posted in Articles, eDiscovery, electronically stored information, pennsylvania, proportionality, rules

The Ultimate Price–New York Court Dismisses Case as Spoliation Sanction

  The Supreme Court in New York County recently dismissed a $20 million suit in a sanctioning order in response to the Plaintiff’s destruction of electronically stored information (“ESI”). In 915 Broadway Associates LLC v. Paul, Hastings, Janofsky & Walker,

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