Magistrate Peck in the Southern District of New York Discusses (again) the Benefits of Predictive Coding, yet Declines to Compel the Producing Party

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

Recounting several prior decisions on the subject, Magistrate Judge Pack noted that TAR (Technology Assisted Review) (or predictive coding) is, in general, “cheaper, more efficient and superior to keyword searching. In March 2009, the ‘dark ages’ in terms of ediscovery advances, this Court described problems with keywords and the need for ‘careful thought, quality control, testing, and cooperation with opposing …

District Court Judge in Peurto Rico Orders Party to Re-Produce Billing Records in Excel Format, as Requested

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouse1 Comment

In civil RICO case, the plaintiff requested billing records in Excel format. The defendants produced the records in PDF. When plaintifff filed a motion to compel, the defendants argued that the parties had never agreed upon a specific format, and that the billing software permitted only PDF. Compelling the defendants to re-produce the billing data in Excel format, the Court …

District Court Judge in Washington Sanctions Attorney for Side-Stepping Proportionalty Requirements

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

In a FDCPA case, the defendants moved to either compel discovery or exclude medical evidence presented by the plaintiff. Sanctioning the defendants, the Court observed as follows:   “Defendants cited caselaw that analyzed the version of Federal Rule of Civil Procedure 26(a)(1) that existed before the highly publicized amendments took effect on December 1, 2015. As this court indicated at …

U.S. Tax Court Addresses the Sufficiency of Production where Predictive Coding is Employed

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

“When responding to a document request, technology has rendered the traditional approach to document review impracticable. The traditional method is labor intensive, with people reviewing documents to discern what is (or is not) responsive, with the responsive documents then reviewed for privilege, and with the responsive and non-privileged documents being produced. When reviewing documents in the dozens, hundreds, or low …

Magistrate Judge in the District Court of Kansas Discusses Application of New Proportionality Language to Discovery Disputes

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

The plaintiff sought additional electronically-stored information which the defendant claimed was privileged. Rather than deciding the issue based on the existence and/or waiver of the attorney-client privilege, the court focused on the new proportionality language in Rule 26:   “The consideration of proportionality is not new, as it has been part of the federal rules since 1983. Moving the proportionality …

U.S. Magistrate Judge in the Connecticut Declines to Compel Production from Defendant’s Overseas Manufacturer

In What's New in E-Discovery and Spoliation?, What's New in Product Liability Law?, What's New in the Courts by gravierhouseLeave a Comment

In a suit against General Electric regarding alleged defects in GE branded microwaves, the plaintiffs sought to compel GE to produce discovery from Samsung Electrics Co., Ltd. (Samsung Korea), the manufacturer of the microwaves at issue.  Plaintiffs’ motion to compel was denied. “The relationship between GE and Samsung Korea does not evidence GE’s legal entitlement to the documents: they are completely different entities; GE is …

U.S. Magistrate Judge in the District of Utah Compelled Production of Database for Forensic Analysis

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

In a patent dispute, the defendant moved for an order compelling Plaintiffs to provide a complete copy of the Microsoft Access database that a co-inventor utilized to input his formulas. “Specifically, Defendant seeks the metadata it alleges is contained in the Microsoft Access database to independently determine the legitimacy of Plaintiffs’ claim that Mr. Steele and his co-inventor were the first …

U.S. Magistrate Judge in the Southern District of Florida Declines to Sanction Party for Failure to Stop Automatic Deletion of Text Messages

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

Magistrate Judge William Matthewman, in the Southern District of Florida, declined to sanction a party under the amended version of Rule 37(e) for failing to suspend the automatic deletion of text messages. “While Defendant clearly had an obligation to retain the relevant text messages after this lawsuit was initiated, the Court finds that Defendant simply acted negligently in erasing the …

U.S. Magistrate Judge in the Northern District of California Denies Production of E-Mails from Employees’ GMail Accounts

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

In a Robinson-Patman Act case, the defendant, Chrysler, moved to compel the plaintiff, Stevens Creek Dealership, to produce e-mails from employees’ corporate GMail accounts. “Because Stevens Creek does not furnish all its employees with email accounts, many of them use their personal accounts for business purposes. Stevens Creek argues that these accounts are outside its ‘possession, custody, or control,’ so …

District Court in Virgin Islands Calls Into Question the Efficacy of Stipulated Confidentiality Orders

In For Trial Lawyers, Legal Ethics & Professionalism, What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

“In the Stipulated Confidentiality Order, the parties agree that certain categories of documents will be designated as confidential. If documents are so designated, the Stipulated Confidentiality Order requires that ‘if filed, the documents shall be filed under seal and shall remain sealed while in the Office of the Clerk as long as they retain their status as stamped “Confidential” documents.’  …