Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Morgan Lewis ordered by Published Date Descending.
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Key Changes To The Federal Rules Governing Discovery
The major changes to the Federal Rules of Civil Procedure that govern discovery in federal cases affect Rules 26, 34, and 37.
United States
7 Dec 2015
Texas Supreme Court Rules On Spoliation Instructions
The court holds that, with rare exception, intent is required for spoliation instructions in Texas.
United States
18 Jul 2014
D.C. Circuit Protects Attorney-Client Privilege In Internal Corporate Investigations
The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where the purpose is to secure legal advice.
United States
14 Jul 2014
Court Permits Combination Of Predictive Coding And Keyword Search
Focusing on precision rather than recall, district court finds that process complies with discovery obligations.
United States
25 May 2013
Computer-Assisted Review Costs Awarded In California Patent Case
Court finds that using technology to undertake more efficient document review is reasonable.
United States
16 Mar 2013
District Court Issues New ESI Guidelines
The trend toward increased judicial involvement in eDiscovery to lower litigation costs and promote cooperation among litigants takes another leap forward in the Northern District of California.
United States
19 Dec 2012
Court Orders Cost-Shifting For Pre-Class Certification Discovery
Eastern District of Pennsylvania decision offers discovery cost relief for litigants faced with asymmetrical pre-class certification discovery.
United States
5 Sep 2012
Search And Collection Of Data Efforts Critiqued In FOIA Case
Absent showing of sound methodology, Judge Scheindlin finds identification, self-collection, and keywords to be insufficient
United States
7 Aug 2012
Florida Courts Adopt Rules Specifically Addressing Electronic Discovery
While some of the rules overlap with existing federal provisions, there are some differences—key among them Florida's absence of a mandatory "meet and confer" rule.
United States
21 Jul 2012
Pennsylvania Proclaims eDiscovery Independence From Federal Model
State Supreme Court adopts new eDiscovery rules similar to federal rules, but specifically rejects federal jurisprudence.
United States
19 Jun 2012
Loser Pays Most Electronic Discovery Costs? Not So Fast
A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil party.
United States
2 Apr 2012
District Of Delaware Adopts Default Standards For E-Discovery
The trend continues toward increased judicial involvement in e-discovery to lower litigation costs and promote cooperation among litigants.
United States
28 Feb 2012
DOL Clarifies Electronic Fee Disclosure Guidance
The U.S. Department of Labor’s revised and restated interim policy release answers questions regarding the use of electronic media to satisfy participant-level fee disclosure requirements.
United States
16 Dec 2011
Be Careful What You Ask for: Loser Pays Prevailing Party Electronic Discovery Costs (Again)
Following on the heels of Race Tires II,1 which awarded electronic discovery costs in favor of the prevailing party, several recent awards suggest that when deciding whether to pursue litigation, parties should take into consideration the costs of electronic discovery—and the discovery methods used—as courts are increasingly taxing nonprevailing parties for the costs of electronic discovery.
United States
5 Dec 2011
Electronic Discovery Costs: Loser Pays (For What?)
To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment? Federal Rule of Civil Procedure 54(d) gives the prevailing party the right to recover costs where authorized by statute.
United States
28 Jun 2011
Chief Judge Imposes Privilege Waiver Sanctions Against Defendant For Repeated Discovery Misconduct in "DL v. District Of Columbia"
Chief Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia sent a clear message to litigants last week: repeated discovery violations will not be tolerated and may subject the violator to harsh sanctions, including waiver of privilege.
United States
26 May 2011
Three Strikes And You’re Out: Tenth Circuit Dismisses Case As A Sanction For Discovery Noncompliance In "Lee v. Max International"
Discovery, in this age of cheap data storage and voluminous communication, can be a daunting and expensive prospect. As deadlines loom and hours accumulate, it is tempting to settle for "good enough" and hope for leniency.
United States
11 May 2011
Judge Scheindlin Rules That Government FOIA Productions Must Be "Searchable" And Include Metadata
In her latest opinion, Judge Shira A. Scheindlin of the Southern District of New York addressed the issue of metadata in productions. In National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, Judge Scheindlin identified metadata fields that she believes "should accompany any production of a significant collection of ESI."
United States
14 Feb 2011
Citing Failure To Cooperate, Court Orders Cost Shifting For Nonparty's Electronic Production
In a recent opinion addressing a motion to compel compliance with a nonparty subpoena, DeGeer v. Gillis, 2010 WL 5096563 (N.D. Ill. Dec. 8, 2010), the U.S. District Court for the Northern District of Illinois found that the absence of a "spirit of cooperation [and] efficiency" was the controlling factor in determining whether cost shifting was warranted for discovery of nonparty electronically stored information (ESI).
United States
14 Feb 2011
Reasonably Usable Form for ESI: Court Orders Party to Produce Documents in Fully Searchable Electronic Form
In a recent federal district court case addressing a defendant’s motion to compel, Jannx Medical Systems, Inc. v. The Methodist Hospitals, Inc., 2010 WL 4789275, U.S. Magistrate Judge Paul R. Cherry found a plaintiff’s production of electronic documents in PDF format without searchable text did not comply with Federal Rule of Civil Procedure 34 (Rule 34).
United States
13 Jan 2011
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