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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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A Spoliation Ace in the Hole

       A district court case decided last month shows how a company’s email retention and litigation hold policies can affect claims of spoliation by adverse parties in litigation. In Danny Lynn Electrical v. Veolia ES Solid Waste, No. 2:09CV192-MHT, 2012 U.S. Dist.

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Flattened By Race Tires: The Third Circuit Limits What Types of E-Discovery Costs Are Recoverable by a Prevailing Party

On March 16, 2012, in Race Tires America, Inc. v. Hoosier Racing Tire Corp. et al.,[1] the U.S. Court of Appeals for the Third Circuit adopted a conservative view of the types of e-discovery costs recoverable by a prevailing party

Posted in Articles, costs, e-discovery consultants, e-discovery costs, e-discovery plan, eDiscovery, electronic communication, electronically stored information, ESI, exemplification, Race Tires, recovery of e-discovery costs

Simple Mistakes Lead to Discovery Sanctions Against Delta Air Lines

             Judge Timothy C. Batten, Sr., of the District Court for the Northern District of Georgia, imposed discovery sanctions against Delta Air Lines after it failed to disclose documents contained in backup tapes and hard drives that had been inadvertently

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Posted in Articles, attorney's fees, discovery request, disovery sanctions, ediscovery misconduct, production, rule 37, Sanctions, unproduced documents

Federal Court Incentivizes Narrow e-Discovery Through Cost Shifting

            A case does not have to involve complex commercial litigation or technical patent disputes to create serious electronic discovery problems. An excellent example of just how messy e-Discovery can get, even with age-old claims, is found in Cannata, et al.

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All’s “Well” for Halliburton: No Sanctions Result from BP’s Spoliation Claims

United States District Judge Carl Barbier recently affirmed Magistrate Judge Sally Shushan’s denial of BP’s motion for spoliation sanctions against Halliburton Energy Services, Inc. BP alleged that Halliburton “intentionally destroyed evidence” and “violated the Court’s orders regarding the production of documents.” For

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Posted in Adverse, Articles, attorneys', cooperation, faith, fees, Sanctions, spoliation

Southern District of New York Poised To Address Predictive Coding

  On February 8, 2012, Magistrate Judge Andrew J. Peck heard arguments in Da Silva Moore v. Publicis Groupe, No. 11-CV-1279 (S.D.N.Y.) addressing the use of predictive coding as an alternative to an eyes-on review of millions of documents. To utilize

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Posted in Articles, coding, Moore, predictive, protocol, review, Silva

Score One for Plaintiffs in Battle Over Discoverability of Facebook

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