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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

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

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

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

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

Recovering e-discovery costs in federal court

Being a party to litigation often means devoting significant amounts of time and resources to complying with an opposing party’s extensive requests for e-discovery. But is e-discovery compliance a sunk cost? Not necessarily. More and more commonly, federal courts have been willing to allow prevailing parties to recover the costs of certain e-discovery compliance efforts. By carefully documenting the processes and costs necessary to produce responsive electronic data, you provide the court with a solid basis for restitution of those costs. In Race Tires America, Inc. v. Hoosier Racing Tire Corp., No. 07-1294, 2011 U.S. Dist. LEXIS 48847 (W.D. Pa. May 6, 2011), for example, the court reimbursed the successful defendants for over $367,000 in e-discovery costs.

Posted in 28 USC 1920, Articles, e-discovery compliance, e-discovery consultants, e-discovery costs, e-discovery plan, e-discovery vendors, electronically stored information, ESI, exemplification, recovery of e-discovery costs

Cloud Computing: A Brief Overview

In the eDiscovery context, there are quite a few unusual terms thrown around: “Web 2.0,” “De-Duplicating,” “Non-native data” to name but a few. One concept that has been blogged about for years, but is still relatively confusing is “Cloud Computing.”

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Posted in Articles, eDiscovery, electronically stored information
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