June s Notable Cases and Events in E-Discovery
|
|
- Bertha Craig
- 5 years ago
- Views:
Transcription
1 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 District of Indiana decision finding that the proportionality standards of Fed. R. Civ. P. 26 applied to a subpoena served on a nonparty under Fed. R. Civ. P. 45 and denying wide-ranging discovery requests for failure to satisfy those standards; 2. A Northern District of California decision that applied the proportionality principles of Fed. R. Civ. P. 26 to a motion to compel, found on balance that the burden of the discovery requests outweighed their benefit but denied the motion without prejudice to await action by the presiding judge on outstanding and potentially dispositive legal issues; and 3. A Northern District of California ruling that relied on the revised provisions of Fed. R. Civ. P. 37(e) and the court s inherent authority to order an adverse inference instruction in favor of plaintiff and preclude defendants from introducing spoliated evidence to support their trademark claim. 1. In Noble Roman s, Inc. v. Hattenhauer Distributing Co., 2016 WL (S.D. Ind. Mar. 24, 2016), Magistrate Judge Debra McVicker Lynch ruled that the proportionality standards of Fed. R. Civ. P. 26 applied to a subpoena served on a nonparty under Fed. R. Civ. P. 45 and denied wide-ranging discovery requests for failure to satisfy that standard. Noble Roman s brought an action against Hattenhauer to recover allegedly unpaid royalties, attorneys fees and costs of collection, in addition to other claims. Hattenhauer issued a subpoena to Privet Fund, a shareholder of the publicly traded Noble Roman s. The subpoena sought production of 23 categories of documents relating to a wide range of issues regarding the Fund s ownership of Noble Roman s stock and Noble Roman s operations. Noble Roman s sought a protective order, contending that the subpoena was improper, was outside the bounds of permissible discovery and sought the same documents requested by Hattenhauer from Noble Roman s itself. Hattenhauer made several points in response to Noble Roman s objections. First, it argued that Noble Roman s lacked standing to object to the subpoena served on a third party. Acknowledging court decisions that agreed with Hattenhauer, the court nonetheless rejected this argument, finding that Noble Roman s had sufficient legitimate interest to object to the subpoena. Id. at *2 (citing United States v. Raineri, 670 F.2d 702, 712 (7th Cir 1982). Specifically, if Hattenhauer were permitted to issue the subpoena, Noble Roman s would be required to devote time and resources to assisting in the response to such subpoena requests. In the magistrate judge s view, [t]hese aren t trivial issues or interests. Noble Roman s, 2016 WL , at *2. 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 Avenue, New York, NY 10019, ; One South Dearborn, Chicago, IL 60603, ; and 1501 K Street, N.W., Washington, D.C ,
2 Page 2 Second, Hattenhauer argued that the requested discovery was relevant to its claims. Magistrate Judge Lynch found this argument insufficient because Hattenhauer did not show why obtaining the requested documents was reasonably necessary or proportional to the needs of the case: Hattenhauer beats the drum of relevancy. It asserts that all of its deposition topics and document requests are relevant. That s not good enough. Hattenhauer never attempts to demonstrate that the discovery is in any way proportional to the needs of this case, considering such things as the amount in controversy, the importance of the information in resolving contested issues, whether the burden of the discovery outweighs its likely benefits, whether the information can be obtained from other and more convenient sources, or whether the information is cumulative to other discovery Hattenhauer has obtained. Id. at *7. The magistrate judge paid particular attention to the recent amendments to Rule 26, finding that the limits imposed on Rule 26 discovery also apply to discovery sought pursuant to Rule 45. Id. at *3. The amendments from December 2015 were designed to protect against over-discovery and to emphasize judicial management of the discovery process, noted the magistrate judge. Id. In this case, the magistrate judge found that Hattenhauer sought documents related to every aspect of Noble Roman s business operations, finances, market plans, and management structure and that the material sought from Privet Fund was discovery run amok. Id. at *7. These requests were, in the magistrate judge s view, too far afield from the contested issues in the case and failed the proportionality test under Rule 26(b). Id. Accordingly, she issued the requested protective order. 2. In Dao v. Liberty Life Assurance Company of Boston, 2016 WL (N.D.Cal. Feb. 23, 2016), Magistrate Judge Elizabeth D. Laporte applied the proportionality principles of the amended Federal Rules to a motion to compel in a pending matter, found on balance that the burden of the discovery outweighed its benefit but denied the motion without prejudice to await action by the presiding judge on outstanding and potentially dispositive legal issues. Plaintiff filed suit against her insurer alleging wrongful denial of a long-term disability benefits claim. Id. at *1. During discovery, plaintiff filed a motion to compel responses to three interrogatories. Id. at *1-2. Defendant insurance company objected to each of these interrogatories on several bases, including relevance, scope and burden. Id. at*3-*6. Before discussing the merits of the matter, the magistrate judge noted that the plaintiff s motion to compel was filed on November 20, 2015, 10 days prior to the December 1, 2015, changes to Rule 26(b)(1). Id. at *2. The magistrate judge examined whether to apply the amended rules to the pending case, citing a recent case stating that the new rules were to govern in pending proceedings unless their application would be unjust or impracticable. Id. (citing CAT3, LLC v. Black Lineage, Inc., 2016 WL , at *4-5 (S.D.N.Y. Jan 12, 2016)). Using this standard, the magistrate judge examined the differences between the new and old versions of Rule 26, as well as the advisory committee s comments on the new rules, and cited the advisory committee statement that [r]estoring the proportionality calculation to Rule 26(b)(1) does not change the existing responsibilities of the court and the parties to consider proportionality. Id. at *3 (citing Fed. R. Civ. P. 26, advisory committee s note to 2015 amendment). Relying on the advisory committee s guidance, Magistrate Judge Laporte ruled that while
3 Page 3 the language of Rule 26 had changed, the amended rule did not actually place a greater burden on the parties with respect to their discovery obligations, including the obligation to consider proportionality, than did the previous version of Rule 26. Id. Therefore, she concluded that it would not be unjust or inequitable to apply the amended version of Rule 26 to this discovery dispute and proceeded to do so. Id. The disputed discovery involved three interrogatories regarding defendant s disability policies, the discretion granted defendant under those policies and reductions in disability payments upon receipt of Social Security disability payments. Id. at *3-*6. The defendant cited the burden of the requests, stating it would require individual review of 1,000 California disability policies to respond to one interrogatory and review of 160,000 policies to determine whether Social Security offsets had occurred. Id. at *4. The magistrate judge pointed out that neither party had adequately addressed the proportionality factors and conducted her own analysis. She found that this case was a straightforward individual benefits determination challenge, not a civil rights, First Amendment or other case implicating important public rights on a broad scale, with a modest amount in controversy of $2,000. Id. at *5. She also indicated that it was not clear that the discovery sought is necessary or even especially important to resolving the issues in this litigation and cited the great burden of production. On the other hand, as to the relative resources of the parties, she found that plaintiff was a disabled individual while the defendant was a large insurance company, and it was likely the plaintiff would not have access to the information if discovery were not ordered. Having considered these proportionality concepts, she stated that [o]n balance, it appears that the burden and expense of the broad discovery as propounded outweighs its likely benefit. Id. Having stated this view, the magistrate judge determined that she did not need to resolve the discovery issues at that time because pending motions on legal issues before the presiding judge handling the case might resolve the outstanding issues. If the district court decided the Social Security offset provision and discretionary authority questions in favor of the defendant, then the discovery requests on those issues would no longer be relevant. If the district court ruled that the offset provision or discretionary authority were not legal, then the discovery may arguably have marginal relevance to Plaintiff s claim for bad faith and enhanced damages. Id. The magistrate judge noted that neither plaintiff nor defendant had made any proposal to focus the requests, and she stated that application of the proportionality factors would depend in the first instance on how the presiding judge rules on the overarching legal question. Id. Accordingly she ruled that the motion would be denied without prejudice until the presiding judge ruled. Id. 3. In InternMatch, Inc. v. Nxtbigthing, LLC, 2016 WL (N.D. Cal. Feb. 8, 2016), District Judge John Tigar relied on the revised terms of Fed. R. Civ. P. 37(e) and the court s inherent authority in granting plaintiff an adverse inference instruction as well as precluding defendants from introducing spoliated evidence to support their trademark claim. A key issue in this trademark dispute over use of the trademark INTERNMATCH was whether defendant Nxtbigthing (owned by defendant Chad Batterman) had continually and extensively used the disputed mark. Defendants claimed that they had extensively used the mark in prior years but responded to plaintiff s document request related to prior use by stating that electronic copies of potentially responsive documents had been irretrievably lost due to a lighting strike and a power surge years later, following which Batterman s wife discarded the devices containing the electronically stored information damaged by the surge. Id. at *2. The only
4 Page 4 remaining evidence defendants had of its alleged prior use was some hard-copy documents printed before the power surge. Id. at *5. Plaintiff moved for a terminating sanction for defendant s destruction of evidence or, in the alternative, for an adverse inference instruction and a preclusion order. District Judge John S. Tigar explained that the court s authority to sanction a party for spoliation rested on both its inherent authority to levy sanctions in response to abusive litigation practices as well as Fed. R. Civ. P. 37. As recent amendments to Rule 37 were designed to provide a uniform standard in federal court for use of these serious measures when addressing failure to preserve electronically stored information, it was an open issue whether the court needed to make the findings set forth in Rule 37(e) before exercising its inherent authority to sanction abusive litigation conduct. Id. at *4 n.6 (quoting 2015 Advisory Committee Note). Judge Tigar declined to resolve the issue because he found that he could sanction defendants under either his inherent authority or under Rule 37, as defendants had willfully and in bad faith acted with the intent to deprive [plaintiff] of the information s use in the litigation. InternMatch, 2016 WL , at *4 (quoting revised Rule 37(e)(2)). The Judge noted Batterman s unusual statements and conduct about the power surge including the facts that (i) he had asked his insurer about coverage for damage due to a power surge a week before the surge allegedly occurred; (ii) his insurer paid a portion of his claim but denied additional payments citing concealment or fraud as the reason for the exclusion; (iii) he did not explore the process of recovering information from the allegedly damaged devices; (iv) the devices containing defendants business records (computers and external drives) were discarded by Batterman s spouse, who found their smell after the power surge objectionable, and Batterman discarded his personal computers for the same reason; and (v) he could not remember at his deposition the name of the electrician called after the power surge to do repairs on his home even though that electrician had known Batterman for several years, had done work at this home, had distributed marketing materials for defendants company for several years and was identified in defendants Rule 26(a)(1) initial disclosures as a person likely to have knowledge of issues related to the use of the trademark. Id. at *6-*11. On these facts, Judge Tigar found defendants evidence that the surge occurred in the first place to be unbelievable and found that they willfully spoliated evidence. Id. at *11. Judge Tigar reviewed the plaintiff s request for a terminating sanction under the five-factor test set forth in Leon v. IDX Sys. Corp., 464 F.3d 951 (9th Cir. 2006). InternMatch, 2016 WL , at *12. Although some of the factors favored entry of default judgment, he ultimately declined to impose a terminating sanction because the case could still be resolved on the merits. Id. at *13. Plaintiff s registration of the mark provided a prima facie case that its mark was valid, and the adverse inference instruction would allow plaintiff to argue prior use of the mark. Any prejudice to the plaintiff would be largely if not entirely cured by the instructions that defendants had destroyed evidence in bad faith and that such evidence would have been favorable to plaintiff and by an order that defendants could not offer argument or testimony that the destroyed evidence or any hard copy or other version thereof supported defendants claims that they had priority to the trademark. Id. at *13-*14. Judge Tigar thus granted plaintiff s alternative request for the adverse inference instruction and related evidentiary order. Id. at *14. In light of the court s finding of bad faith, it also granted plaintiff attorneys fees associated with filing the motion for terminating sanctions but denied its request for attorneys fees for the entire litigation. Id. If you have any questions regarding this Sidley Update, please contact the Sidley lawyer with whom you usually work.
5 Page 5 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 inter-disciplinary 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
October 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 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 informationApril s Notable Cases and Events in E-Discovery
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
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 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 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 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 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 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 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 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 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 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 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 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 informationSpoliation Scrutiny: Disparate Standards For Distinct Mediums
Spoliation Scrutiny: Disparate Standards For Distinct Mediums By Robin Shah (December 21, 2017, 5:07 PM EST) On Dec. 1, 2015, Federal Rule of Civil Procedure 37(e) was amended with the intent of providing
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 informationCrafting the Winning Argument in Spoliation Cases: And the Dog Ate Our Documents Isn t It
Crafting the Winning Argument in Spoliation Cases: And the Dog Ate Our Documents Isn t It Janelle L. Davis Thompson & Knight LLP 1722 Routh Street, Suite 1500 Dallas, Texas 75201 (214) 969-1677 Janelle.Davis@tklaw.com
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 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 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 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 informationLatham & Watkins Litigation Department Securities Litigation and Professional Liability Practice
Number 1312 April 4, 2012 Client Alert While the Second Circuit s formulation answers some questions about what transactions fall within the scope of Section 10(b), it also raises a host of new questions
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 informationCase 2:13-cv DDP-VBK Document 875 Filed 10/24/16 Page 1 of 7 Page ID #:36997
Case :-cv-0-ddp-vbk Document Filed 0// Page of Page ID #: O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 0 0 VICTORIA LUND, individually and as successor-in-interest to WILLIAM LUND, deceased;
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 informationDelaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code
Latham & Watkins Number 1467 February 13, 2013 Finance Department Delaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code Josef S. Athanas, Caroline
More informationLatham & Watkins Litigation Department
Number 866 May 14, 2009 Client Alert Latham & Watkins Litigation Department The Third Circuit Clarifies the Class Action Fairness Act s Local Controversy Exception to Federal Jurisdiction In addressing
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 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 informationBest Practices in Litigation Holds and Document Preservation. Presented by AABANY Litigation Committee
Best Practices in Litigation Holds and Document Preservation Presented by 2017-18 AABANY Litigation Committee Speakers Vince Chang Partner, Wollmuth Maher & Deutsch Connie Montoya Partner, Hinshaw & Culbertson
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 informationSpoliation: New Law, New Dangers. ABA National Legal Malpractice Conference
Spoliation: New Law, New Dangers ABA National Legal Malpractice Conference Speakers Ronald C. Minkoff Partner Frankfurt Kurnit Klein & Selz PC New York, NY Heather K. Kelly Partner Gordon & Rees, LLP Denver,
More informationFOUR TIMES SQUARE NEW YORK TEL: (212) FAX: (212) File No. S
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP DIRECT DIAL DIRECT FAX EMAIL ADDRESS FOUR TIMES SQUARE NEW YORK 10036-6522 TEL: (212) 735-3000 FAX: (212) 735-2000 www.skadden.com F'IRM/AFF"ILIATE OFFICES BOSTON
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 informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) ) v. ) 1:13CV46 ) WOMBLE CARLYLE SANDRIDGE & ) RICE, LLP, ) ) Defendant.
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 informationCOMMENTARY. The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework. Case Background
August 2014 COMMENTARY The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework Spoliation of evidence has, for some time, remained an important topic relating to the discovery
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 informationThis is an employment discrimination case in which Plaintiff claims, inter alia, that
Ganci v. U.S. Limousine Service Ltd. et al Doc. 33 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------X GERALYN GANCI, - against - Plaintiff,
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 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 informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case :0-cv-0-CBM-AJW Document 0 Filed 0// Page of Page ID #: 0 0 HERIBERTO RODRIGUEZ, CARLOS FLORES, ERICK NUNEZ, JUAN CARLOS SANCHEZ, and JUAN TRINIDAD, vs. UNITED STATES DISTRICT COURT CENTRAL DISTRICT
More informationCase 8:16-cv CEH-AAS Document 254 Filed 06/06/18 Page 1 of 11 PageID 6051 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:16-cv-02899-CEH-AAS Document 254 Filed 06/06/18 Page 1 of 11 PageID 6051 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA
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 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 informationHonorable Todd M. Shaughnessy Erik A. Christiansen Katherine Venti
Best & Worst Discovery Practices Honorable Todd M. Shaughnessy Erik A. Christiansen Katherine Venti A. Utah Standards of Professionalism and Civility: Preamble: "A lawyer s conduct should be characterized
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 informationR in a Nutshell by Mark Meltzer and John W. Rogers
R-17-0010 in a Nutshell by Mark Meltzer and John W. Rogers R-17-0010 was a rule petition filed by the Supreme Court s Committee on Civil Justice Reform in January 2017. The Supreme Court s Order in R-17-0010,
More informationPreservation, Spoliation, and Adverse Inferences a view from the Southern District of Texas
APRIL 19, 2010 Preservation, Spoliation, and Adverse Inferences a view from the Southern District of Texas By Jonathan Redgrave and Amanda Vaccaro In January, Judge Shira Scheindlin provided substantive
More informationDelaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for Stock Corporations
4 January 2017 Practice Group(s): Corporate/M&A Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for By Lisa R. Stark and Taylor B. Bartholomew In Solak v. Sarowitz, C.A. No. 12299-CB
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 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 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 informationUniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571
Uniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571 HB 2571 repeals the Uniform Arbitration Act (UAA) and replaces it with the Uniform Arbitration Act of 2000 (or Revised Uniform
More informationCase3:12-mc CRB Document88 Filed10/04/13 Page1 of 5. October 4, Chevron v. Donziger, 12-mc CRB (NC) Motion to Compel
Case3:12-mc-80237-CRB Document88 Filed10/04/13 Page1 of 5 555 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: +1.415.626.3939 FACSIMILE: +1.415.875.5700 VIA ECF United States District
More informationCase 3:15-cv WHA Document 31 Filed 03/03/16 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA.
Case :-cv-0-wha Document Filed 0/0/ Page of Brenna E. Erlbaum (SBN: 0 HEIT ERLBAUM, LLP 0-I South Reino Rd # Newbury Park, CA 0 [phone]: (0. Brenna.Erlbaum@HElaw.attorney Nicholas Ranallo, Attorney at
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 informationThe Eyes of Texas are upon a Subsurface Trespass Case
January 13, 2014 Practice Group: Oil and Gas Environmental, Land and Natural Resources Energy, Infrastructure and Resources The Eyes of Texas are upon a Subsurface Trespass Case By John F. Sullivan, Anthony
More informationCase 3:05-cv B-BLM Document 783 Filed 04/16/2008 Page 1 of 9
Case :0-cv-0-B-BLM Document Filed 0//00 Page of 0 ROBERT S. BREWER, JR. (SBN ) JAMES S. MCNEILL (SBN 0) 0 B Street, Suite 00 San Diego, CA 0 Telephone: () -00 Facsimile: () -0 WILLIAM F. LEE (admitted
More informationALI-ABA Course of Study Mass Litigation May 29-31, 2008 Charleston, South Carolina. Materials on Electronic Discovery
359 ALI-ABA Course of Study Mass Litigation May 29-31, 2008 Charleston, South Carolina Materials on Electronic Discovery By Shira A. Scheindlin Daniel Patrick Moynihan U.S. Courthouse New York, New York
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 informationLatham & Watkins Litigation Department
Number 1391 September 12, 2012 Client Alert Latham & Watkins Litigation Department Federal Circuit Holds that Liability for Induced Infringement Requires Infringement of a Patent, But No Single Entity
More informationRecord Retention Program Overview
Business/Employee Record Retention and Production: Strategies for Effective and Efficient Record Retention Business & Commercial Litigation Seminar Peoria, Illinois January 17, 2013 Presented by: Brad
More informationFebruary 6, Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation
February 6, 2013 Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument
More informationCALIFORNIA LITIGATION REPORT
SUMMER 2012 We are pleased to present the inaugural edition of the Sidley Austin LLP California Litigation Report a newsletter focusing on recent trends and events, and notable decisions affecting litigation
More informationHistorically, ERISA disability benefit claim litigation has included a number of procedural
Nolan v. Heald College The Diminishing Role of Rule 56 in ERISA Disability Benefits Litigation By Horace W. Green and C. Mark Humbert Historically, ERISA disability benefit claim litigation has included
More informationCase 3:15-cv WHA Document 150 Filed 02/15/17 Page 1 of 7
Case :-cv-0-wha Document 0 Filed 0// Page of Henrik Mosesi, Esq. (SBN: ) Anthony Lupu, Esq. (SBN ) Pillar Law Group APLC 0 S. Rodeo Drive, Suite 0 Beverly Hills, CA 0 Tel.: 0--0000 Fax: -- Henrik@Pillar.law
More informationCase 5:14-cv RBD-PRL Document 66 Filed 05/20/16 Page 1 of 10 PageID 946 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
Case 5:14-cv-00689-RBD-PRL Document 66 Filed 05/20/16 Page 1 of 10 PageID 946 DONALD KOSTER, YVONNE KOSTER, JUDITH HULSANDER, RICHARD VERMILLION and PATRICIA VERMILLION, Plaintiffs, UNITED STATES DISTRICT
More informationALI-ABA Course of Study Current Developments in Employment Law July 24-26, 2008 Santa Fe, New Mexico
693 ALI-ABA Course of Study Current Developments in Employment Law July 24-26, 2008 Santa Fe, New Mexico Ethical Issues Associated with Preserving, Accessing, Discovering, and Using Electronically Stored
More informationCase 3:14-cv AET-DEA Document 9 Filed 10/17/14 Page 1 of 7 PageID: 117 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 314-cv-05655-AET-DEA Document 9 Filed 10/17/14 Page 1 of 7 PageID 117 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY In Re Application of OWL SHIPPING, LLC & ORIOLE Civil Action No. 14-5655 (AET)(DEA)
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 informationCase 1:09-cv BMC Document 19 Filed 12/31/09 Page 1 of 5. Plaintiff, : :
Case 109-cv-02672-BMC Document 19 Filed 12/31/09 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------- X CHRIS VAGENOS, Plaintiff,
More informationIs 'Proportionality' the Most Important Change In The 2015 Rule Amendments?
Is 'Proportionality' the Most Important Change In The 2015 Rule Amendments? Robert E. Bartkus, New Jersey Law Journal December 30, 2015 Call me a skeptic, but I sense that the current discussions surrounding
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 informationA Real Safe Harbor: The Long-Awaited Proposed FRCP Rule 37(e), Its Workings, and Its Guidance for ESI Preservation
BY JAMES S. KURZ DANIEL D. MAULER A Real Safe Harbor: The Long-Awaited Proposed FRCP Rule 37(e), Its Workings, and Its Guidance for ESI Preservation New Rule 37(e) is expected to go into effect Dec. 1
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 informationSupreme Court Addresses Fee Shifting in Patent Infringement Cases
Supreme Court Addresses Fee Shifting in Patent Infringement Cases In Pair of Rulings, the Supreme Court Relaxes the Federal Circuit Standard for When District Courts May Award Fees in Patent Infringement
More informationSECURITIES INDUSTRY EMPLOYMENT ARBITRATION
SECURITIES INDUSTRY EMPLOYMENT ARBITRATION Michael Delikat mdelikat@orrick.com Jill Rosenberg jrosenberg@orrick.com Lisa Lupion llupion@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 51 W 52 nd Street New
More informationLatham & Watkins Environment, Land & Resources Department
Number 937 September 22, 2009 Client Alert Latham & Watkins Environment, Land & Resources Department The Local Controversy Exception to the Class Action Fairness Act Preston, Kaufman and Coffey An understanding
More informationCase 4:17-mc DMR Document 4 Filed 08/04/17 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-mc-000-dmr Document Filed 0/0/ Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 0 IN RE EX PARTE APPLICATION OF ANZ COMMODITY TRADING PTY LTD Case No. -mc-000-dmr ORDER GRANTING
More informationLitigating in California State Court, but Not a Local? (Part 2) 1
Litigating in California State Court, but Not a Local? Plan for the Procedural Distinctions (Part 2) Unique Discovery Procedures and Issues Elizabeth M. Weldon and Matthew T. Schoonover May 29, 2013 This
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 informationEthical Considerations on Social Media EVIDENTIARY AND ETHICAL CONSIDERATIONS WHEN USING SOCIAL MEDIA TO BUILD OR DEFEND A CASE.
Ethical Considerations on Social Media EVIDENTIARY AND ETHICAL CONSIDERATIONS WHEN USING SOCIAL MEDIA TO BUILD OR DEFEND A CASE. Florida Rules of Professional Conduct Rule 4-3.4 Fairness to Opposing Party
More informationDepository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers
Depository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers ALERT January 9, 2019 A. Michael Pratt prattam@pepperlaw.com A federal district court in the
More informationDelaware Supreme Court Confirms Applicability of Issue Preclusion to Dismissals of Shareholder Derivative Actions for Failure to Plead Demand Futility
Delaware Supreme Court Confirms Applicability of Issue Preclusion to Dismissals of Shareholder Derivative Actions for Failure to Plead Demand Futility Court Rejects Chancery Court s Proposed Rule That
More informationLatham & Watkins Environment, Land & Resources Department
Number 1090 October 13, 2010 Client Alert Latham & Watkins Environment, Land & Resources Department Recent Legislative Changes Affecting Pending and Future Projects Under CEQA This legislation is intended
More informationTRADE REMEDIES. Side-by-Side Chart Trade Remedies
3 July 2013 TRADE REMEDIES EU KOREA Safeguard Measures Application Article 3.1 - Application of a Bilateral Safeguard Measure 1. If, as a result of the reduction or elimination of a customs duty under
More informationon significant health issues pertaining to their products, and of encouraging the
Number 836 March 17, 2009 Client Alert Latham & Watkins Wyeth v. Levine and the Contours of Conflict Preemption Under the Federal Food, Drug, and Cosmetic Act The decision in Wyeth reinforces the importance
More informationNew York Court of Appeals Permits Extraterritorial Seizure of Assets in Aid of Judgments
June 2009 New York Court of Appeals Permits Extraterritorial Seizure of Assets in Aid of Judgments BY JAMES E. BERGER Introduction On June 4, 2009, the New York Court of Appeals issued its ruling in Koehler
More informationCase 2:13-cv MMB Document 173 Filed 02/13/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:13-cv-05101-MMB Document 173 Filed 02/13/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TALBOT TODD SMITH CIVIL ACTION v. NO. 13-5101 UNILIFE CORPORATION,
More informationCase: 5:17-cv SL Doc #: 22 Filed: 12/01/17 1 of 9. PageID #: 1107 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Case: 5:17-cv-01695-SL Doc #: 22 Filed: 12/01/17 1 of 9. PageID #: 1107 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION BOUNTY MINERALS, LLC, CASE NO. 5:17cv1695 PLAINTIFF, JUDGE
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 informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS. TOYO TIRE U.S.A. CORP., ) ) Plaintiffs, ) ) v. ) Case No: 14 C 206 )
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS TOYO TIRE & RUBBER CO., LTD., and TOYO TIRE U.S.A. CORP., Plaintiffs, v. Case No: 14 C 206 ATTURO TIRE CORP., and SVIZZ-ONE Judge
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 informationNASD CODE OF ARBITRATION PROCEDURE FOR INDUSTRY DISPUTES
NASD CODE OF ARBITRATION PROCEDURE FOR INDUSTRY DISPUTES As of September 10, 2008 2 TABLE OF CONTENTS Part I Interpretive Material, Definitions, Organization, and Authority IM-13000. Failure to Act Under
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 informationFederal Circuit Provides Guidance on Claim Selection Procedures and Federal Jurisdiction Over Patent License Disputes
Federal Circuit Provides Guidance on Claim Selection Procedures and Federal Jurisdiction Over Patent License Disputes SUMMARY Last week, the United States Court of Appeals for the Federal Circuit issued
More information) ) ) ) ) ) ) ) ) ) )
0 0 WO State Farm Fire and Casualty Company, v. Plaintiff, Broan Manufacturing Company, Inc., et al., Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CV-0--PHX-SMM ORDER
More informationThe Supreme Court Adopts the Gartenberg Standard to Determine Whether an Investment Adviser Breached its Fiduciary Duty in Approving Fees
To read the decision in Jones v. Harris Associates L.P., please click here. The Supreme Court Adopts the Gartenberg Standard to Determine Whether an Investment Adviser Breached its Fiduciary Duty in Approving
More information