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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

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

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
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