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Searching Content indexed under Litigation, Mediation & Arbitration by K&L Gates ordered by Published Date Descending.
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Court Imposes Adverse Inference For Failure To Preserve Non-Party's Text Messages Within Defendants' "Control"
In this case, the court imposed an adverse inference against certain defendants for their failure to preserve text messages in the possession of a non-party, where the court found that...
United States
18 Sep 2017
2
Court: Production Of Hard Copy Versions Of Documents Also Kept As ESI Does Not "Run Afoul" Of Rule 34
In this case, Plaintiff sought to compel native/electronic production of documents previously produced in hard copy.
United States
6 Sep 2017
3
Supervision Trumps Speculation: Court Denies Motion To Compel Additional Search
In this case, Plaintiff sought to compel Defendant to conduct an additional search for ESI.
United States
21 Aug 2017
4
"Reckless" Production, Inadequate Clawback Agreement Result In Waiver Of Privilege
In this case, despite the existence of a clawback agreement (not an order) indicating that "[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,"...
United States
10 Aug 2017
5
Court Compels Production Of Documents Withheld As Nonresponsive, Orders Requesting Party To Bear Costs Of Re-Review
In this case, Defendants identified a number of potentially responsive documents by conducting a search with court-approved terms.
United States
9 Aug 2017
6
U.S. Supreme Court Considers "Inherent Authority To Sanction A Litigant For Bad-Faith Conduct" By Ordering Payment Of Opponent's "Legal Fees," Reverses And Remands
In this rare opinion from our Supreme Court addressing discovery, the court considered "a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's legal fees."
United States
28 Jul 2017
7
Court Concludes Data Is Within Defendant's Possession, Custody Or Control, Declines To Shift Costs
Ultimately, the court granted Plaintiffs' motion to compel and denied Defendant's motion to shift costs.
United States
28 Jul 2017
8
"Applying TAR To The Universe Of Electronic Material Before Any Keyword Search Reduces [It] Is The Preferred Method."
In this case, the court was asked to rule on the parties' dispute regarding "whether the universe of electronic material subject to TAR review should first be culled by the use of search terms."
United States
28 Jul 2017
9
"Discovery Can Be Burdensome Even As It Is Inexpensive."
The court went on to reason that "[j]ust because the information can be retrieved quickly and inexpensively does not resolve the issue.
United States
28 Jul 2017
10
TX Supreme Court Addresses Format Of Production, Applies Proportionality
In the two cases underlying this opinion, homeowners sued State Farm alleging underpayment of their insurance claims.
United States
27 Jul 2017
11
No Sanctions For Unintentional, Automatic Deletion Of Web History And Related Information
Although Defendant imposed a litigation hold 2 weeks after the relevant complaint was filed, it did not specifically address web browser history.
United States
27 Jul 2017
12
NY County Addresses Technological Competence
A lawyer's ethical duty of competence extends to the manner in which he provides legal services to the client as well as the lawyer's substantive knowledge of the pertinent areas of law.
United States
27 Jul 2017
13
Mandatory Initial Discovery Pilot Project Underway In AZ And IL Federal Courts
All civil cases in these jurisdictions, except those exempted by the program's Standing Order, will be subject to the provisions of the program.
United States
27 Jul 2017
14
Lack Of "Meaningful" Communication With Opposing Counsel, Client Results In "Overly Complex" And Burdensome Agreement; Partial Costs Shifted
The court instructed counsel in this case to meet to reach an agreement on the method by which ESI would be produced.
United States
27 Jul 2017
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