eDiscovery Law

• U.S. International Trade Commission Adopts e-Discovery Rules May 23, 2013
  The U.S. International Trade Commission has adopted “final rules related to its e-discovery practices.”  “The new rules will be effective 30 days after publication in the Federal Register and are applicable to investigations instituted 30 days after publication in the Federal Register”—a Federal Register notice was issued on May 15, 2013. The newly adopted r […]
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• Case Update: For Spoliation, Court Orders $250,000,000 "to be applied as a credit against Rambus's [$349 million] judgment against SK hynix" May 22, 2013
  SK Hynix, Inc. v. Rambus, Inc., No. C-00-20905 RMW, 2013 WL 1915865 (N.D. Cal. May 8, 2013) In this ongoing patent infringement action, a major question has been whether Rambus’s destruction of documents constituted spoliation and, if so, what sanctions should be imposed. Different courts considering the same facts (but involving different plaintiffs) came t […]
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• For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding May 17, 2013
  EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013) Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review with the assistance of predictive coding.”  (See summary, here.)  On May 6, the court entered a new order, stating that Defendants could […]
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• Upcoming Event: eDiscovery Project Management 2013 (organized by eDiscovery Intelligence) May 7, 2013
  “Learn how to Bring Agility and Clarity to the Management of your eDiscovery Process” May 21-22, 2013 Marriot City Center Pittsburgh, PA “The mastery of electronic discovery is a necessary component in the changing business of litigation.  The tools for the seamless management of e discovery workflow are imperative for success.  This is not a vendor-led disc […]
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• Fourth Circuit Addresses Taxable Costs Related to ESI May 3, 2013
  Country Vintner of North Carolina, LLC v. E & J Gallo Winery, Inc., ---F. 3d.---, 2013 WL 1789728 (4th Cir. Apr. 29, 2013) In this case, the Fourth Circuit clarified “what expenses related to electronically stored information (“ESI”) are taxable under the federal taxation-of-costs statute as '[f]ees for exemplification and the costs of making copies […]
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• Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding April 23, 2013
  In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize o […]
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• Volume, Expense Insufficient to Show ESI is Inaccessible, "Rather, the cost or burden must be associated with some technological feature that inhibits accessibility." April 19, 2013
  W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, No. CIV. 11-2271 GAG, 2013 WL 1352426 (D.P.R. Apr. 3, 2013) In this case the court addressed competing proposed protocols for the discovery of electronically stored information and declined to approve a provision that would require cost-shifting, among others.  Notably, the court rejected the argument t […]
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• Court Imposes Adverse Inference for Failure to Preserve Facebook April 12, 2013
  Gatto v. United Air Lines, Inc., No. 10-cv-1090-ES-SCM, 2013 WL 1285285 (D.N.J. Mar. 25, 2013) In this personal injury action, the court imposed spoliation sanctions for Plaintiff’s failure to preserve his Facebook account. Plaintiff alleged that as the result of a work-related accident he sustained numerous injuries that rendered him permanently disabled.  […]
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• Da Silva Moore: Second Circuit Denies Petition for Writ of Mandamus Compelling Recusal of Magistrate Judge Peck April 12, 2013
  In what is possibly the final chapter to last year's Da Silva Moore predictive coding saga, the Second Circuit has denied Plaintiffs' petition for a writ of mandamus compelling the recusal of Magistrate Judge Andrew Peck.  For those unfamiliar with the issues in this case, copies of the underlying decisions from both Magistrate Judge Peck and Distr […]
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• "Post-Public Comment" Version of The Sedona Conference® Commentary on Proportionality in Electronic Discovery Now Available April 6, 2013
  In January, The Sedona Conference® made available the "post-public comment" version of its Commentary on Proportionality in Electronic Discovery, first published in 2010.  The publication is available for download, here. […]
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