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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

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

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

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

Discovery in the Age of Cloud Computing

 During the last decade, individuals and business have changed the way they manage their data by moving this data management offsite – otherwise known as cloud computing. This differs from the old model of information management that, more or less, mirrored

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Posted in Articles, Cloud, eDiscovery, ESI, new media

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
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