Blog Archives

Top Ten E-Discovery Lessons For 2011

            As we bid adieu to 2011, the news and entertainment world is a flurry with the year’s greatest hits and most memorable, or un-memorable, moments. In the spirit of the season, and with homage to the great David Letterman, here

Posted in Articles

The Importance of Negotiating with Your Adversaries: New Jersey Federal Court Spares Plaintiff a Large-Scale Document Review

  We live in a digital world where smartphones are the norm and email access is seemingly as important as food and water. This increase in usage of email and the amount of electronic data requires companies to develop ways to

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Posted in agreement, Articles, ESI, Modification, terms

ESI in the Criminal Context: A Call for Clarification

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Posted in Articles, criminal, disclosure, electronic communication

Document Preservation: Spoliation and the “Ultimate Sanction”

The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic data during discovery.  In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S. Dist. LEXIS

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Posted in Articles, default, evidence, preservation, Sanctions, spoliation

Weighing Burdens and Benefits in Hard Drive Preservation Dispute

Although deleted data can be recovered – perhaps at significant cost – destroyed data is likely gone forever. Perhaps it is for this reason that a recent federal court was reluctant to apply a strict proportionality test to a preservation dispute.

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Posted in Articles, electronically stored information, preservation

Cost-Benefit Analysis Adopted by the New York Supreme Court for Determining When a Nonparty Must Undertake the Burden and Expense of Recovering Deleted ESI

The production of electronically stored information (“ESI”) that has been deleted is potentially very expensive and time consuming. Often outside computer forensics experts are required to assist with the recovery of the deleted data and the routine business of the party

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Posted in Articles, ESI, nonparty, state, York

Ensuring Discovery Compliance: Sanctions Relating to Past, Present, and Future Adverse Parties

Monetary sanctions, attorneys fees, and adverse inference jury instructions are the more common type of sanctions imposed on litigants for the spoliation of evidence, or not producing relevant documents. Recently, however, a court has increased the severity and impact of

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Posted in Articles, e-discovery compliance, litigation hold, Sanctions, spoliation

Prevailing Parties May Recover E-Discovery Costs Under the Federal Rules

The Clerk for the U.S. District Court for the Eastern District of Pennsylvania recently ruled that there is a heavy presumption that prevailing parties may recover certain e-discovery costs under 28 U.S.C. § 1920. Federal Rule of Civil Procedure 54(d)(1)

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Posted in 28 U.S.C. § 1920, 54(d)(1), Ajinomoto, Articles, costs, exemplification

Cost Recovery Toolbox: Exceptional Cases under 35 U.S.C. § 285

   In a recent post on this blog, fellow contributor Mike Zabel addressed how a prevailing party might recover the costs of e-discovery in litigating disputes in federal court under 28 U.S.C. § 1920. In Eon-Net LP v. Flagstar Bancorp, No.

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Posted in Articles, costs
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