January 20, 2015

Heeding Voltaire, Judge Approves Bulk “Attorneys Eyes Only” Designations

Noting French philosopher Voltaire’s observation that stones are often thrown “at those who are showing a new road,” federal Magistrate Judge Paul S. Grewal of California’s […]
December 10, 2014

Courts: Production of ESI May Involve “Reasonable Technical Support”

Samuel Pero sued his employer, Norfolk Southern Railway, for personal injuries sustained while trying to remove a tree blocking railroad tracks.  During discovery, Pero requested video […]
October 20, 2014

Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them

A New York federal court ordered the recipient of inadvertently produced privileged documents to return them, but permitted use of knowledge learned from them.  In Stinson v. […]
October 14, 2014

Subpoenaed Database Info Must Be Searchable/Sortable (On Request)

A California appellate court decision instructs that under California Code of Civil Procedure section 1985.8, if asked to do so, subpoena recipients must translate database information into […]
September 23, 2014

E-Discovery Production Format: Opportunity Only Knocks Once

    Although often overlooked, the Federal Rules of Civil Procedure and many state e-discovery rules specifically state that litigants are only obligated to produce electronically […]
September 10, 2014

May a Prevailing Litigant Recover All E-Discovery Costs?

May a prevailing litigant recover all its e-discovery costs from an opponent?  No, according to several federal circuit court decisions and an opinion from the United States […]
July 1, 2014

Ten E-Discovery Issues to Address During Rule 26(f) and Other Discovery Conferences

10 things for counsel to consider when preparing for a FRCP 26(f) or and potential topics of discussion for the session.