April s Notable Cases and Events in E-Discovery
|
|
- Clementine Newman
- 5 years ago
- Views:
Transcription
1 April 20, 2017 SIDLEY UPDATE April s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. a wake-up call by Magistrate Judge Peck of the Southern District of New York regarding boilerplate responses to Fed. R. Civ. P. 34 document requests 2. a Western District of New York decision finding that a requesting party s discovery had reached the point of diminishing returns in rejecting plaintiff s motion to compel the production of documents 3. an Eastern District of Michigan ruling accepting defendant s burden arguments regarding plaintiffs request for several years of data; ordering the parties to meet and confer to agree on a method for sampling data covering a six-month period; and, in the absence of such an agreement, allowing plaintiffs to obtain all the data for the six-month period at their own expense 4. an Eastern District of Louisiana decision refusing to allow a direct examination of several of defendant s computers and a server and requiring the parties to confer and develop a draft electronically stored information (ESI) protocol to govern the examination of those machines 1. In Fischer v. Forrest, 2017 WL (S.D.N.Y. Feb. 28, 2017), Magistrate Judge Andrew Peck issued a discovery wake-up call regarding boilerplate responses to Fed. R. Civ. P. 34 document requests, warning litigants that failure to comply with amended Rule 34 s requirements to state objections with specificity and to indicate if material has been withheld on the basis of such objections will be deemed to have waived all objections except for privilege. In two related cases asserting copyright and trademark claims, plaintiff served various discovery requests on defendants. Defendants filed amended Rule 34 responses listing 17 general objections to the requests, including to requests that call for the disclosure of information that is not relevant to the subject matter of this litigation, nor likely to lead to the discovery of relevant, admissible evidence. Defendants also incorporated by reference these general objections into their response to each of plaintiff s discovery requests. Id. Magistrate Judge Peck took the opportunity presented by defendants responses to issue a discovery wake-up call to lawyers in the Southern District of New York regarding the December 2015 amendments to Rule 34. As part of these amendments, he noted that Rule 34 was amended to require that objections to Rule 34 requests be stated with specificity. Id. (quoting Fed. R. Civ. P. 34(b)(2)(B) advisory committee s note (2015)). Following the amendments, he stated that responses to discovery requests must [s]tate grounds for objections with Sidley Austin provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Attorney Advertising: For purposes of compliance with New York State Bar rules, our headquarters are Sidley Austin LLP, 787 Seventh Ave., New York, NY 10019, ; 1 S. Dearborn, Chicago, IL 60603, ; and 1501 K St., NW, Washington, DC 20005,
2 Page 2 specificity and [s]pecify the time for production and, if a rolling production, when production will begin and when it will be concluded. In addition, objections to discovery requests must state whether any responsive materials are being withheld on the basis of that objection. Magistrate Judge Peck then reviewed defendants discovery responses and concluded that they violated amended Rule 34 in several responses. First, incorporating general objections into each response by reference violate[d] Rule 34(b)(2)(B) s specificity requirement as well as Rule 34(b)(2)(C) s requirement to indicate whether any responsive materials are withheld on the basis of an objection. Id. Moreover, he noted that general objections to discovery requests should rarely be used after December 1, 2015 unless each such objection applies to each document request (e.g., objecting to produce privileged material). Id. Second, the magistrate judge noted that defendants general objection that the requests called for disclosure of information not relevant to the subject matter of this litigation, nor likely to lead to the discovery of relevant, admissible evidence was inconsistent with amended Rule 26(b)(1), which limits discovery to material relevant to any party s claim or defense. Id. (quoting Fed. R. Civ. P. 26(b)(1)). The magistrate judge pointed out that discovery no longer extends to material reasonably calculated to lead to admissible evidence. Id. (citing In re Bard IVC Filters Prod. Liab. Litig., 317 F.R.D. 562, 564 (D. Ariz. 2016)). Third, defendants responses to the discovery requests used meaningless boilerplate language, such as stating that a request was overly broad and unduly burdensome. Magistrate Judge Peck stated that such objections do not communicate anything of value, as the question is why a particular request is burdensome or how is it overbroad. Id. Fourth, defendants responses did not indicate when defendants would be producing documents or ESI. In light of these various deficiencies, Magistrate Judge Peck ordered defendants to submit revised discovery responses that complied with Rule 34. He pointed out that the amended rules were now 15 months old and that [i]t is time for all counsel to learn the now-current Rules and update their form files. He cautioned that [f]rom now on in cases before this Court, any discovery response that does not comply with Rule 34 s requirement to state objections with specificity (and to clearly indicate whether responsive material is being withheld on the basis of objection) will be deemed a waiver of all objections (except as to privilege). Id. 2. In Armstrong Pump, Inc. v. Hartman, 2016 WL (W.D.N.Y. Dec. 13, 2016), Magistrate Judge Hugh B. Scott, finding that a plaintiff s discovery requests had reached the point of diminishing returns, rejected plaintiff s motion to compel the production of documents with one limited exception. In this case, plaintiff sought to compel production of documents that defendant considered to be the functional equivalent of proprietary source code. Id. at *1. Plaintiff claimed that the documents did not so qualify because they contained neither linear nor graphical programming and thus could not lead to the reconstruction of the exact source code that defendant uses. Id. at *2. Plaintiff argued that the information in these documents was critical to its claims and urged the court to order the documents be produced pursuant to an existing discovery protective order without any additional protections accorded to source code. Defendant objected, indicating that the documents in question contained enough technical information to allow a software engineer to build its proprietary source code based on that information, and a person skilled in software development could use these
3 Page 3 documents to recreate defendant s products. Defendant also argued that plaintiff had already viewed all of the at-issue documents and printed approximately half of the total pages, albeit under strict protocols. Id. The magistrate judge declined to compel production with one limited exception. In reaching this conclusion, Magistrate Judge Scott noted the effects of the 2015 Fed. R. Civ. P. 26 amendments, stating that [p]roportionality has assumed greater importance in discovery disputes and that the amended rule is intended to encourage more aggressive efforts from the judiciary to discourage discovery overuse. Id. at *2. The magistrate judge also indicated that [i]mplicit in both the language and the spirit of the 2015 Amendments is the obligation, at any stage of a case, to prevent parties from expending increasing time and energy pursuing diminishing returns. Id. He reasoned that while sometimes the additional discovery sought technically would provide nominally probative information, when obtaining a few more documents through discovery requires five or six inches of motion papers, including numerous pages of expert reports... and transcripts from depositions, there comes a point where courts have to tell the parties that if they cannot yet prove their claims then they probably never will. Id. at *3. The magistrate judge then reviewed the course of discovery in the underlying case and found that it had reached the point of diminishing returns, noting specifically that discovery had been ongoing for six years, plaintiff had furnished approximately 1.5 million pages of documents while defendant had furnished over 160,000 pages of documents, the parties had conducted a dozen depositions and retained experts and, finally, plaintiff had had the opportunity to review and print the at-issue documents. Id. Magistrate Judge Scott also indicated that plaintiff failed to clearly articulate what content was within the unprinted pages that warranted further production. Noting the extensive discovery that had already occurred, the magistrate judge concluded: [Plaintiff] wants the Court to believe that about 150 pages not yet printed but already reviewed 305 pages if, as [plaintiff] wants, printouts from the document and source reviews do not count will definitively prove what six prior years of discovery could not. Really? Id. Having found that discovery had reached a point of diminishing returns, the magistrate judge nonetheless ordered defendant to produce documents containing search terms identified by the court from the at-issue repository pursuant to the protocol in the protective order for highly confidential, attorney eyes only material. With this production, the magistrate judge stated that discovery was closed. Id. at *4. 3. In Solo v. United Parcel Service Co., 2017 WL (E.D. Mich. Jan. 10, 2017), Magistrate Judge R. Steven Whalen accepted defendant s burden arguments regarding plaintiffs request for several years of data and ordered the parties to meet and confer regarding a mutually agreeable method for sampling data covering a six-month period. If the parties could not agree on such a sampling methodology, plaintiffs would have the option of obtaining all the data for the six-month period at their own expense. In this putative class action, plaintiffs alleged that United Parcel Service (UPS) had breached its contract with shippers by overcharging for shipments with a declared value over $300. Id. at *1. Plaintiffs issued an interrogatory requesting, among other things, that UPS provide the total number of shipments from each state that implicated the disputed charge going as far back as 2008, depending on the statute of limitations for a particular state.
4 Page 4 UPS objected to the interrogatory and submitted a declaration from a senior program manager explaining why compiling and analyzing this type of package level detail would be excessively burdensome. UPS maintained this type of data for only a limited time period in a format that was easily accessible electronically, with the remainder being archived to backup tapes. UPS estimated that restoring archived backup tapes going back to 2008 would take at least six months and cost $120,000 in labor. Id. at *2. Once restored, analyzing the backup tapes would require extensive additional analysis of each account number and the manual review of contract language for an individual shipper. UPS proposed limiting plaintiffs request to a six-month period from June 2013 to December 2013 that, in UPS s view, was most likely to be deemed relevant to plaintiffs classwide claims. Id. Magistrate Judge Whalen began by noting that under the 2015 amendments to the Federal Rules of Civil Procedure, parties have a heightened duty of cooperation in procedural matters such as discovery and discovery requests under Rule 26(b)(1) should be proportional to the needs of the case... and whether the burden or expense of the proposed discovery outweighs the benefit. Id. (quoting Fed. R. Civ. P. 26(b)(1)). Turning to the particulars of this request, Magistrate Judge Whalen agreed with UPS that complying with plaintiffs interrogatory as drafted would be excessively burdensome because much of the requested information was stored on backup tapes that were not reasonably accessible. Moreover, the costs and technical challenges inherent in restoring and analyzing the data supported a finding of undue burden. Turning to the potential relevance of the requested information, Magistrate Judge Whalen noted that two pending legal issues in the case would determine the relevance of any shipments outside the six-month timeframe proposed by UPS. If UPS prevailed on these issues, the burden and expense of producing such a broad range of information will have been for naught. In addition, the burden on UPS could be further reduced through the use of statistical sampling, without prejudice to production of the entire data set at a later time. Id. (citing Quintana v. Claire s Boutiques, Inc., 2014 WL , at *2 (N.D. Cal. 2014) ( In the specific context of class action discovery, sampling advances the goal of proportionality advanced under Fed. R. Civ. P. 26(b)(3)(c)(iii). )). In light of the burden of complying with plaintiffs interrogatory as drafted and the limited potential relevance of all the data requested, Magistrate Judge Whalen restricted plaintiffs request to the six-month time period proposed by UPS and ordered the parties to meet and confer regarding a mutually agreeable approach to producing a statistical sample of package-specific data from this period. If the parties could not agree on an acceptable sampling methodology, Magistrate Judge Whalen stated that plaintiffs would have the option of bearing the cost of having UPS produce all of the package-specific data from the six-month time period. Id. 4. In Brand Services, LLC v. Irex Corp., 2017 WL (E.D. La. Jan. 6, 2017), U.S. Magistrate Judge Karen Wells Roby refused to allow plaintiff to carry out a direct examination of several of defendant s computers and a server and required the parties to confer and develop a draft ESI protocol to govern the examination of those machines. Plaintiff, a manufacturer of industrial scaffolds, alleged that three former employees had schemed to transfer files containing trade secrets and proprietary information to an external hard drive before leaving the company and going to work for a competitor. Id. at *1. Plaintiff sued the competitor for theft of trade secrets and sought injunctive relief and damages. As part of the first request for discovery, plaintiff sought the production of
5 Page 5 computers or full verified forensic images of computers for the three former employees. In addition, plaintiff sought the production of a full verified forensic image of one of defendant s servers. Defendant objected to the request, arguing that plaintiff s request was overbroad and would require the production of defendant s trade secrets. The defendant stated that it was willing to enter into an ESI protocol for inspection of the computers via keyword searches. Id. Plaintiff moved under Rule 34 to compel production of the three computers along with defendant s server. Magistrate Judge Roby held that plaintiff s request for the entire contents of the computers and the server was overly broad and disproportional. Id. at *2. Citing the advisory committee notes to Fed. R. Civ. P. 34(a), Magistrate Judge Roby stated that Rule 34(a) discovery requests are not meant to create a routine right of direct access to a party s electronic information system as [i]nspection or testing of certain types of [ESI] or of a responding party s electronic information system may raise issues of confidentiality or privacy. Id. at *3 (quoting M-I LLC v. Stelly, 2011 U.S. Dist. LEXIS , at *7 (S.D. Tex. Nov. 2011)). Magistrate Judge Roby therefore refused to allow a direct examination of defendant s computers and servers. Instead, she ordered the parties to formulate a draft ESI protocol that contemplated keyword searches and was proportional to the needs of the case: [B]ecause both parties seem to acknowledge that there is some relevant information contained on the computers and server, the Court orders both parties to formulate a draft ESI protocol to govern discovery/examination of these computers and to submit that draft to the Court. As outlined during oral arguments, the parties are to develop an ESI protocol that contemplates key word searches so as to control costs and to keep discovery proportional to the needs of this case. After the parties have developed a draft, each party may inform the Court by separate letters of any concerns they might have with the draft ESI protocol. Thereafter, the Court will conduct another status conference in chambers with the Parties to resolve any remaining disputes concerning the ESI protocol. Id. If you have any questions regarding this Sidley Update, please contact the Sidley lawyer with whom you usually work. Sidley E-Discovery Task Force The legal framework in litigation for addressing the explosion in electronic communications has been in flux for a number of years. Sidley Austin LLP has established an E-Discovery Task Force to stay abreast of and advise clients on this shifting legal landscape. An interdisciplinary group of more than 25 lawyers across all our domestic offices, the Task Force monitors and examines issues and developments in the law regarding electronic discovery. The Task Force works seamlessly with our firm s litigators who regularly defend and prosecute all types of litigation matters in trial and appellate courts, federal and state agencies, arbitrations and mediations throughout the country. The co-chairs of the E-Discovery Task Force are Alan C. Geolot ( , ageolot@sidley.com), Robert D. Keeling ( , rkeeling@sidley.com) and Colleen M. Kenney ( , ckenney@sidley.com). To receive Sidley Updates, please subscribe at BEIJING BOSTON BRUSSELS CENTURY CITY CHICAGO DALLAS GENEVA HONG KONG HOUSTON LONDON LOS ANGELES MUNICH NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at
June s Notable Cases and Events in E-Discovery
JUNE 22, 2016 SIDLEY UPDATE June s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A Southern
More informationJune s Notable Cases and Events in E-Discovery
June 19, 2017 SIDLEY UPDATE June s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. a U.S. Supreme
More informationSeptember s Notable Cases and Events in E-Discovery
SEPTEMBER 15, 2017 September s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. a District of
More informationOctober s Notable Cases and Events in E-Discovery
OCTOBER 20, 2015 October s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A Sixth Circuit ruling
More informationOctober Edition of Notable Cases and Events in E-Discovery
OCTOBER 25, 2013 E-DISCOVERY UPDATE October Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:
More informationJanuary s Notable Cases and Events in E-Discovery
JANUARY 16, 2018 SIDLEY UPDATE January s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. Dec.
More informationOctober s Notable Cases and Events in E-Discovery
OCTOBER 18, 2017 October s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. a Northern District
More informationE-DISCOVERY UPDATE. October Edition of Notable Cases and Events in E-Discovery
OCTOBER 1, 2012 E-DISCOVERY UPDATE October Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues: 1.
More informationDecember s Notable Cases and Events in E-Discovery
DECEMBER 20, 2017 SIDLEY UPDATE December s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. a
More informationFebruary Edition of Notable Cases and Events in E-Discovery
FEBRUARY 7, 2012 E-DISCOVERY UPDATE February Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:
More informationDecember Edition of Notable Cases and Events in E-Discovery
DECEMBER 19, 2013 E-DISCOVERY UPDATE December Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:
More informationediscovery Demystified
ediscovery Demystified Presented by: Robin E. Stewart Of Counsel Kansas City Robin.Stewart@KutakRock.com (816) 960-0090 Why Kutak Rock s ediscovery Practice Exists Every case, regardless of size, has an
More informationWEBINAR February 11, 2016
WEBINAR February 11, 2016 Looking Forward and Back: How the Amendments to the Federal Rules of Civil Procedure Are Impacting New and Pre-Existing Lawsuits SPEAKERS: Gray T. Culbreath, Esq. Gallivan, White
More informationJeremy Fitzpatrick
Recent Amendments to the Federal Rules of Civil Procedure Jeremy Fitzpatrick 402-231-8756 Jeremy.Fitzpatrick @KutakRock.com December 2015 Amendments December 2015 Amendments Discovery is out of control.
More informationELECTRONIC DISCOVERY BASICS. John K. Rubiner and Bonita D. Moore 1. I. Electronically Stored Information (ESI) Is Virtually Everything
ELECTRONIC DISCOVERY BASICS John K. Rubiner and Bonita D. Moore 1 I. Electronically Stored Information (ESI) Is Virtually Everything A. Emails B. Text messages and instant messenger conversations C. Computer
More informationPRACTICAL EFFECTS OF THE 2015 AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE In House Counsel Conference
1 PRACTICAL EFFECTS OF THE 2015 AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE Kenneth L. Racowski Samantha L. Southall Buchanan Ingersoll & Rooney PC Philadelphia - Litigation Susan M. Roach Senior
More informationInternational Arbitration
c International Arbitration F U L B R I G H T A L E R T October 3, 2008 Visit Practice Site Protocol for E-Disclosure in Arbitration Issued Subscribe by the Chartered Institute of Arbitrators Contact Us
More informationSubstantial new amendments to the Federal
The 2015 Amendments to the Federal Rules of Civil Procedure: What Changed and How the Changes Might Affect Your Practice by Rachel A. Hedley, Giles M. Schanen, Jr. and Jennifer Jokerst 1 ARTICLE Substantial
More informationcase 1:12-cv JVB-RBC document 222 filed 02/25/13 page 1 of 6
case 1:12-cv-00296-JVB-RBC document 222 filed 02/25/13 page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION ADVANCED TACTICAL ORDNANCE SYSTEMS, LLC,
More informationBasic Upheld in Halliburton: Defendants May Rebut Price Impact
JUNE 23, 2014 SECURITIES LITIGATION UPDATE Basic Upheld in Halliburton: Defendants May Rebut Price Impact The U.S. Supreme Court this morning, in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317
More informationNew Amendments to the FRCP. Birmingham Bench and Bar Conference March 2016
New Amendments to the FRCP Birmingham Bench and Bar Conference March 2016 Overview The Process of Rule Making The 1983/1993/2000 Amendments The 2006 Amendments The High Points of the 2015 Amendments Four
More informationCase 1:16-cv SEB-MJD Document 58 Filed 01/31/17 Page 1 of 10 PageID #: 529
Case 1:16-cv-00877-SEB-MJD Document 58 Filed 01/31/17 Page 1 of 10 PageID #: 529 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BROCK CRABTREE, RICK MYERS, ANDREW TOWN,
More informationE-Discovery in Employment Litigation: Preparing for New FRCP Amendments on Proportionality and ESI
Presenting a live 90-minute webinar with interactive Q&A E-Discovery in Employment Litigation: Preparing for New FRCP Amendments on Proportionality and ESI Strategies for Preserving, Obtaining and Protecting
More informationThe 2015 Amendments to the Federal Rules of Civil Procedure
The 2015 Amendments to the Federal Rules of Civil Procedure Boston Bar Association Commercial and Business Litigation Section December 7, 2015 Paula M. Bagger, Cooke Clancy & Gruenthal LLP Gregory S. Bombard,
More information2:17-cv RHC-SDD Doc # 47 Filed 01/11/18 Pg 1 of 12 Pg ID 429 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:17-cv-10021-RHC-SDD Doc # 47 Filed 01/11/18 Pg 1 of 12 Pg ID 429 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WESLEY CORPORATION, et al., Plaintiffs, v. Case No.
More informationA NEW BATTLEGROUND IN CLASS ACTIONS: THE COMMONALITY REQUIREMENT OF RULE 23(a)(2)*
A NEW BATTLEGROUND IN CLASS ACTIONS: THE COMMONALITY REQUIREMENT OF RULE 23(a)(2)* BY JEFFREY E. CRANE The U.S. Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes 1 has thrust the commonality requirement
More information340B Update: HRSA Finalizes 340B Pricing & Penalties for Drug Manufacturers
18 January 2017 Practice Group: Health Care 340B Update: HRSA Finalizes 340B Pricing & Penalties for Drug Manufacturers By Richard P. Church, Michael H. Hinckle, Ryan J. Severson On January 5, 2017, the
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS CARGILL MEAT SOLUTIONS CORPORATION, v. Plaintiff, PREMIUM BEEF FEEDERS, LLC, et al., Defendants. Case No. 13-CV-1168-EFM-TJJ MEMORANDUM AND
More informationLEGAL SUPERHEROES: VOL 2. MAKING YOU A LEGAL SUPERHERO!
LEGAL SUPERHEROES: VOL 2. MAKING YOU A LEGAL SUPERHERO! Session 7: 3:30-4:30 Presented by Sidley Austin Title: Antitrust Audits as part of a Gold Standard Compliance Program Speakers: Peter Huston, Partner,
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISLAND INTELLECTUAL PROPERTY LLC, LIDS CAPITAL LLC, DOUBLE ROCK CORPORATION, and INTRASWEEP LLC, v. Plaintiffs, DEUTSCHE BANK TRUST COMPANY AMERICAS,
More informationClient Alert. Revisiting Venue: Patriot Coal and the Interest of Justice. Background
Number 1447 January 2, 2013 Client Alert Latham & Watkins Finance Department Revisiting Venue: Patriot Coal and the Interest of Justice Steps taken by parties on the eve of filing for bankruptcy are likely
More informationDiscovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Presenting a live 90-minute webinar with interactive Q&A Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery
More informationPage 2 of 5 Forensic investigation of building failures and damages due to materials, design, construction defects, contract issues, maintenance and w
Page 1 of 5 Volume 19 Issue 4 In this Issue From The Chair Architectural Copyright Basics Every Lawyer Should Know Model Home, Jobsite and Communication Compliance Under the Americans with Disabilities
More informationDocument Analysis Technology Group (DATG) and Records Management Alert
February 2007 Authors: Carolyn M. Branthoover +1.412.355.5902 carolyn.branthoover@klgates.com Karen I. Marryshow +1.412.355.6379 karen.marryshow@klgates.com K&L Gates comprises approximately 1,400 lawyers
More informationThe collective book of federal case law is full of
Corporate Counsel Business Journal August 2018 ccbjournal.com Foreign Regulatory Files and The Scope of Discovery JASON HARMON & CLAIRE HILLMAN SHOOK, HARDY & BACON The collective book of federal case
More informationCase 3:15-cv RJB Document 74 Filed 07/29/16 Page 1 of 7
Case :-cv-0-rjb Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 0 ALAA ELKHARWILY, M.D., Plaintiff, v. FRANCISCAN HEALTH SYSTEM, Defendant. CASE NO. :-cv-0-rjb
More informationSTIPULATED PROTECTIVE ORDER
Filed D.C. Sl\p"~rj:)r 10 Apr: ]() P03:07 Clerk ot Court C'j'FI. STEVEN 1. ROSEN Plaintiff SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION v. Case No.: 09 CA 001256 B Judge Erik P. Christian
More informationClient Alert. Background on Discovery Requests under Section 1782
Number 1383 August 13, 2012 Client Alert Latham & Watkins Litigation Department Eleventh Circuit Holds That Parties to Private International Commercial Arbitral Tribunals May Seek Discovery Assistance
More informationZubulake Judge Defines Discovery Duties and Spoliation Negligence Standards. January 29, 2010
Zubulake Judge Defines Discovery Duties and Spoliation Negligence Standards January 29, 2010 In an amended order subheaded Zubulake Revisited: Six Years Later, Judge Shira A. Scheindlin (SDNY), author
More informationCase 1:14-cv TSC-DAR Document 27 Filed 12/15/14 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:14-cv-00857-TSC-DAR Document 27 Filed 12/15/14 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC., AMERICAN PSYCHOLOGICAL
More informationStrategies for Defending 30(b)(6) Depositions
Strategies for Defending 30(b)(6) Depositions Wednesday, September 5, 2012 7:15 a.m. 9:00 a.m. The Houstonian Hotel 111 North Post Oak Lane Houston, TX 77024 Overview of Topics Selecting the 30(b)(6) representative.
More informationApril 2018 IN THIS ISSUE:
April 2018 The Buckley Sandler ediscovery Update is a quarterly publication that highlights key cases and other developments bearing on electronic discovery issues. Buckley Sandler s ediscovery group has
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DISTRICT
Case: 1:09-cv-03039 Document #: 94 Filed: 04/01/11 Page 1 of 12 PageID #:953 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DISTRICT SARA LEE CORPORATION, ) ) Plaintiff,
More informationSpence International Investments. LLC. eta/. v. the Republic of Costa Rica (ICSID Case No. UNCT/13/2)
SIDELEYI SIDLEY AUSTIN LLP 1501 K STREET, N.W. WASHINGTON, D.C. 20005 +1 202 736 8000 +1 202 736 8711 FAX BEIJING HONG KONG SAN FRANCISCO BOSTON HOUSTON SHANGHAI. BRUSSELS LONDON SINGAPORE CENTURY CITY
More informationUpdate on 2015 Amendments to the FRCP
Update on 2015 Amendments to the FRCP The Honorable Jon P. McCalla, U.S. District Judge October 28, 2016 Annual Federal Practice Seminar University of Memphis Law School I. Overview Eleven Federal Rules
More informationFILED: NEW YORK COUNTY CLERK 11/17/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 11/17/2017 ATTACHMENT 3
ATTACHMENT 3 Joshua G. Hamilton Direct Dial: +1.424.653.5509 joshua.hamilton@lw.com LATHAM&WATKI N SLLP BY EMAIL Carmel, Milazzo & DiChiara, LLP 261 Madison A venue, 9th Floor New York, NY 10016 (646)
More informationLatham & Watkins Corporate Department. The Lessons of Slayton v. American Express for Forward-Looking Statements
Number 1044 June 10, 2010 Client Alert Latham & Watkins Corporate Department Second Circuit Wades Into the PSLRA Safe Harbor The Lessons of Slayton v. American Express for Forward-Looking Statements Specific,
More informationDiscussion Session #1
Discussion Session #1 Proportionality: What s Happened Since the Amendments? Annika K. Martin, Jacksy Bilsborrow, and Zachary Wool I. LESSONS FROM THE CASE LAW On December 1, 2015, various amendments to
More informationCase 3:12-cv L Document 201 Filed 06/06/14 Page 1 of 12 PageID 4769
Case 3:12-cv-00853-L Document 201 Filed 06/06/14 Page 1 of 12 PageID 4769 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MANUFACTURERS COLLECTION COMPANY, LLC, Plaintiff,
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Aubin et al v. Columbia Casualty Company et al Doc. 140 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA WILLIAM J. AUBIN, ET AL. VERSUS CIVIL ACTION NO. 16-290-BAJ-EWD COLUMBIA CASUALTY COMPANY,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS IN RE: MOTOR FUEL TEMPERATURE ) SALES PRACTICES LITIGATION ) ) ) ) Case No. 07-MD-1840-KHV This Order Relates to All Cases ) ORDER Currently
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. No. MDL PHX DGC. IN RE: Bard IVC Filters Products Liability Litigation,
Case :-md-0-dgc Document Filed 0// Page of 0 WO IN THE UNITED STATES DISTRICT COURT IN RE: Bard IVC Filters Products Liability Litigation, FOR THE DISTRICT OF ARIZONA No. MDL -0-PHX DGC ORDER The Court
More information4 of 7 DOCUMENTS GO TO CALIFORNIA CODES ARCHIVE DIRECTORY. Cal Code Civ Proc (2013)
Page 1 4 of 7 DOCUMENTS DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 2013 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** This document is current through
More informationA Legal Perspective. By: Anne Kershaw, Esq. Proposed New Federal Civil Rules Part Two (Proportionality & New Meet and Confer Requirements)
Proposed New Federal Civil Rules Part Two (Proportionality & New Meet and Confer Requirements) By: Anne Kershaw, Esq. The first article in this three part series addressed the potential effects that the
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Plaintiff, Civil Action File No.: v. Defendant. CONSENT PROTECTIVE ORDER By stipulation and agreement of the parties,
More informationClient Alert. Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy
Number 1438 December 12, 2012 Client Alert Latham & Watkins Finance Department Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy Recent bankruptcy appellate rulings have
More informationGrasping for a Hold on Ascertainability : The Implicit Requirement for Class Certification and its Evolving Application
26 August 2015 Practice Groups: Financial Institutions and Services Litigation Commercial Disputes Consumer Financial Services Class Action Defense Global Government Solutions Grasping for a Hold on Ascertainability
More informationCase 1:14-cv FB-RLM Document 492 Filed 11/17/16 Page 1 of 11 PageID #: 13817
Case 1:14-cv-04717-FB-RLM Document 492 Filed 11/17/16 Page 1 of 11 PageID #: 13817 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------x
More informationLatham & Watkins Finance Department
Number 1147 February 17, 2011 Client Alert Latham & Watkins Finance Department The Settlement does not affirm or overturn Judge Peck s controversial decision in the US Litigation barring enforcement of
More informationCase3:14-mc JD Document1 Filed10/30/14 Page1 of 13
Case:-mc-00-JD Document Filed/0/ Page of DAVID H. KRAMER, State Bar No. ANTHONY J WEIBELL, State Bar No. 0 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 0 Page Mill Road Palo Alto, CA 0-0 Telephone:
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ROCCO SIRIANO, et al., Plaintiffs, Civil Action 2:14-cv-1131 v. Judge George C. Smith Magistrate Judge Elizabeth P. Deavers GOODMAN
More informationTGCI LA. FRCP 12/1/15 Changes Key ESI Ones. December Robert D. Brownstone, Esq.
TGCI LA December 2015 FRCP 12/1/15 Changes Key ESI Ones 2 0 1 5 2015 Robert D. Brownstone, Esq. 1 1 Rule 1. Scope and Purpose These rules govern the procedure in all civil actions and proceedings in the
More informationImpact of Three Amendments to the Federal Rules related to e-discovery
Impact of Three Amendments to the Federal Rules related to e-discovery Copyright 2015 by K&L Gates LLP. All rights reserved. Tom Kelly K&L GATES LLP e-discovery Analysis & Technology Group November 16,
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
1 1 1 1 1 1 1 1 0 1 ASUS COMPUTER INT L, v. Plaintiff, MICRON TECHNOLOGY INC., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Defendant. SAN FRANCISCO DIVISION ORDER DENYING MOTIONS TO COMPEL;
More informationCase 2:16-cv JAD-VCF Document 29 Filed 06/28/17 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ORDER
Case :-cv-0-jad-vcf Document Filed 0// Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** 0 LISA MARIE BAILEY, vs. Plaintiff, AFFINITYLIFESTYLES.COM, INC. dba REAL ALKALIZED WATER, a Nevada Corporation;
More informationRecords & Information Management Best Practices for the 21st Century
ATL ARMA RIM 101/201 Spring Seminar Records & Information Management Best Practices for the 21st Century May 6, 2015 Corporate Counsel Opposing Counsel Information Request Silver Bullet Litigation
More informationDiscovery Requests in Trademark Cases Under U.S. Law
Discovery Requests in Trademark Cases Under U.S. Law Michael Grow Arent Fox LLP, Washington D.C., United States Summary and Outline Parties to civil actions or inter partes proceedings before the United
More informationIndividuals and organizations have long struggled to efficiently
small_frog/e+/getty Images Non-Party Responses to Preservation Demands Federal Rule of Civil Procedure (FRCP) 45 sets out the rules that parties must follow when issuing or responding to a subpoena in
More informationReining in the Costs of E-Discovery: Amendments to Federal Rules & Where We Are Headed
ACC Litigation Committee Quick Hit Reining in the Costs of E-Discovery: Amendments to Federal Rules & Where We Are Headed Ignatius A. Grande Twitter: @igrande March 25, 2014 Rules Amendment Process After
More informationCase 1:14-mc JMF Document 65 Filed 11/03/14 Page 1 of 7. November 1, 2014
Case 1:14-mc-02543-JMF Document 65 Filed 11/03/14 Page 1 of 7 11/03/2014 Andrew B. Bloomer, P.C. To Call Writer Directly: (312) 862-2482 andrew.bloomer@kirkland.com 300 North LaSalle Chicago, Illinois
More information2:13-cv PDB-MKM Doc # 33 Filed 10/06/14 Pg 1 of 9 Pg ID 305 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
2:13-cv-11415-PDB-MKM Doc # 33 Filed 10/06/14 Pg 1 of 9 Pg ID 305 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN MALIBU MEDIA, LLC, Plaintiff, Civil Case No. 2:13-cv-11415-PDB-MKM v.
More informationProposed Amendments to the Federal Rules of Civil Procedure
Proposed Amendments to the Federal Rules of Civil Procedure Mark Michels, Deloitte Discovery Frances Ho, Deloitte Discovery Deloitte Financial Advisory Services LLP Disclaimer The oral presentation and
More informationRecent Amendments to the Federal Rules of Civil Procedure. The Mississippi Bar Convention Summer School for Lawyers 2016
Recent Amendments to the Federal Rules of Civil Procedure The Mississippi Bar Convention Summer School for Lawyers 2016 History The impetus to change these Rules was the May 2010 Conference on Civil Litigation
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION
Case 1:10-cv-00037-JPJ-PMS Document 379 Filed 05/31/12 Page 1 of 11 Pageid#: 4049 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION ROBERT ADAIR, etc., ) Plaintiff,
More informationINVESTIGATIONS, ATTORNEYS & PRIVILEGED COMMUNICATIONS
INVESTIGATIONS, ATTORNEYS & PRIVILEGED COMMUNICATIONS Wes Bearden, CEO Attorney & Licensed Investigator Bearden Investigative Agency, Inc. www.beardeninvestigations.com PRIVILEGE KEY POINTS WE ALL KNOW
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case :-cv-0-jm-jlb Document Filed 0/0/ Page of 0 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA In re BRIDGEPOINT EDUCATION, INC., SECURITIES LITIGATION Civil No. cv JM (JLB) ORDER REGARDING
More informationE-Discovery. Help or Hindrance? NEW FEDERAL RULES ON
BY DAWN M. BERGIN NEW FEDERAL RULES ON E-Discovery Help or Hindrance? E lectronic information is changing the litigation landscape. It is increasing the cost of litigation, consuming increasing amounts
More informationThe 2010 Amendments to the Expert Discovery Provisions of Rule 26 of the Federal Rules of Civil Procedure: A Brief Reminder
ABA Section of Litigation 2012 Section Annual Conference April 18 20, 2012: Deposition Practice in Complex Cases: The Good, The Bad, and The Ugly The to the Expert Discovery Provisions of Rule 26 of the
More informationFreedom of Information Act Request: Mobile Biometric Devices and Applications
51 LOUISIANA AVENUE, N.W. WASHINGTON, D.C. 20001.2113 TELEPHONE: +1.202.879.3939 FACSIMILE: +1.202.626.1700 Direct Number: (202) 879-3437 smlevine@jonesday.com VIA E-MAIL: ICE-FOIA@DHS.GOV U.S. Immigration
More informationNew York s Highest Court Sets Forth New Standard for Challenges to Cost-Sharing Provisions in Arbitration Agreements
New York s Highest Court Sets Forth New Standard for Challenges to Cost-Sharing Provisions in Arbitration Agreements April 26, 2010 New York s highest court recently decided a case of first impression
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN. Chapter 11
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN In re ENERGY CONVERSION DEVICES, INC. Chapter 11 Case No. 12-43166-TJT Judge Thomas J. Tucker (Jointly Administered) ENERGY CONVERSION DEVICES
More informationMotion to Compel ( Defendant s Motion ) and Plaintiff Joseph Lee Gay s ( Plaintiff ) Motion
STATE OF NORTH CAROLINA LINCOLN COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 13 CVS 383 JOSEPH LEE GAY, Individually and On Behalf of All Persons Similarly Situated, Plaintiff, v. PEOPLES
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. CASE NO.: Civ-Martinez
Gainor v. Sidley, Austin, Brow Doc. 34 Case 1:06-cv-21748-JEM Document 34 Entered on FLSD Docket 02/09/2007 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MARK J. GAINOR, Plaintiff,
More informationWhat Not To Do When Served With A Rule 45 Subpoena In The Age of E-Discovery
What Not To Do When Served With A Rule 45 Subpoena In The Age of E-Discovery Monica McCarroll Don t let it become a case of too little too late. Monica McCarroll focuses her practice on commercial litigation,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
FieldTurf USA, Inc. et al v. TenCate Thiolon Middle East, LLC et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION FIELDTURF USA, INC., FIELDTURF INC. AND
More informationSOFTWARE SUBLICENSE AGREEMENT
Office 1405-14th Floor, Bedford Centre Office Tower, Cnr Smith Road & Van de Linde Road, Bedfordview, Johannesburg, South Africa 2007 +27 (0) 11 026 1902 www.entimex.com info@entimex.com SOFTWARE SUBLICENSE
More informationOe Overview Federal Developments New rules for Electronically Stored Information (ESI) effective 12/1/06 ESI rules as applied State Law Developments P
New Challenges to CIOs in ediscovery and Electronic Records Management Presented by: Thomas Greene Special Assistant Attorney General Office of the Attorney General 1 Oe Overview Federal Developments New
More informationPreliminary Injunctive Relief to Protect Trade Secrets and Enforce Non-Competes:
1 Preliminary Injunctive Relief to Protect Trade Secrets and Enforce Non-Competes: Is It Possible To Put The Toothpaste Back In The Tube? Attorney Advertising Prior results do not guarantee a similar outcome
More informationThe Normalization of Patent Rights
BEIJING BOSTON BRUSSELS CHICAGO DALLAS GENEVA HONG KONG HOUSTON LONDON LOS ANGELES NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C. The Normalization of Patent Rights ACC
More informationAMENDED RULE 26 EXPERT WITNESS DISCLOSURE REQUIREMENTS
CONSTRUCTION H. JAMES WULFSBERG, ESQ. Wulfsberg Reese Colvig & Fristman Professional Corporation DAVID J. HYNDMAN, ESQ. Wulfsberg Reese Colvig & Fristman Professional Corporation navigant.com About Navigant
More informationPatent Litigation and Licensing
Federal Circuit Rules on the Duty to Preserve Evidence SUMMARY On May 13, 2011, the Federal Circuit issued two opinions addressing the duty to preserve evidence in anticipation of commencing patent litigation.
More informationCOMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES
COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES Effective October 1, 2010 JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF NEW YORK, et al., Plaintiffs v. Civil Action No. 98-1233 (CKK) MICROSOFT CORPORATION, Defendant. MEMORANDUM OPINION This case comes before
More informationBackground. 21 August Practice Group: Public Policy and Law. By Raymond P. Pepe
21 August 2014 Practice Group: Public Policy and Law Permanent Injunction of Pennsylvania s Prohibition against Establishment of Political Committees to Receive Contributions of Corporate and Labor Union
More informationPROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE. These rules govern the procedure in all civil actions
PROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE 1 2 3 4 5 6 7 Rule 1. Scope and Purpose These rules govern the procedure in all civil actions and proceedings in the United States district courts,
More informationProtecting Privileged Communications of In-house Counsel, Post-Halo
Protecting Privileged Communications of In-house Counsel, Post-Halo Presented to Date: January 10, 2018 2018 Kilpatrick Townsend Outline 1. A hypothetical 2. Refresh on the law: Willful infringement for
More informationCourt of Appeals. First District of Texas
Opinion issued October 4, 2011. In The Court of Appeals For The First District of Texas NO. 01-11-00358-CV IN RE HALLIBURTON ENERGY SERVICES, INC., Relator Original Proceeding on Petition for Writ of Mandamus
More informationDiscovery in Justice Court
Discovery in Justice Court Bronson Tucker, Director of Curriculum bt16@txstate.edu Resources Discovery in Civil Cases TRCP 500.9 Justice Court Discovery TRCP 190-205 County/District Discovery Rules (Guidance)
More informationMark D. Baute, Jeffrey Alan Tidus, Baute & Tidus LLP, Los Angeles, CA, for Defendants. ORDER RE MOTION TO COMPEL DISCOVERY AND MOTION FOR SANCTIONS
United States District Court, N.D. California, San Jose Division. BOB BARKER COMPANY, INC., Plaintiff, v. FERGUSON SAFETY PRODUCTS, INC., et al., Defendants. No. C 04 04813 JW (RS). March 9, 2006. Donald
More informationCase 4:16-cv RGE-SBJ Document 93 Filed 10/18/18 Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION
Case 4:16-cv-00650-RGE-SBJ Document 93 Filed 10/18/18 Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION DEBORAH INNIS, on behalf of the Telligen, Inc. Employee
More information