Carey Busen

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Social Media Privacy Settings May Not Protect Your Information From Discovery

Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However, it is equally likely that most social media users have not considered whether those privacy settings protect their information from … Continue Reading

It’s the End of Authentication (of ESI) as We Know It

Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the changes to the hearsay exception for ancient documents (FRE 803(16)), and here focus on amendments concerning the self-authentication of evidence … Continue Reading

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes or systems (FRE 902(13)) and self-authentication of data copied from electronic sources (902(14)), are slated to become effective in 2017. These proposals are intended to … Continue Reading

Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

The Judicial Conference’s Committee on Rules of Practice and Procedure recently approved for publication proposals to amend the Federal Rules of Civil Procedure.  If enacted, these proposals would significantly limit the scope of discovery – including ediscovery. The proposals include imposing or reducing the number of depositions, interrogatories, and requests for admission under Rules 30, … Continue Reading

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire Corp.  The Third Circuit – in line with the Supreme Court’s … Continue Reading

What You Don’t Know About Your Discovery Vendor Can Get You Sanctioned

A recent decision out of the Northern District of Illinois serves as an important reminder to all counsel relying on e-discovery vendors. In Peerless Industries, Inc. v. Crimson AV, LLC, the defendant was found to have control over its China-based supplier and, in particular, over the supplier’s documents.  After the defendant’s 30(b)(6) witness was unable … Continue Reading

Judge Warns: Avoid Mechanically Produced Boilerplate Privilege Logs

Co-authored by: Karin Scholz Jenson A recent decision from Judge Facciola of the District Court for the District of Columbia lambasted a party’s unspecific, boilerplate privilege log and directed the party to make “specific and clear claims of privilege.”  See Chevron Corp. v. The Weinberg Group (No. 1:11-mc-409, D.D.C.).   In Chevron, the Petitioner challenged over … Continue Reading

SCOTUS Declines to Weigh In on the Taxation of e-Discovery Costs

We previously discussed both the Third Circuit’s decision striking $300,000 in e-discovery costs from a cost award as non-taxable under 28 U.S.C. § 1920, and the defendants’ subsequent petition for writ of certiorari to the Supreme Court.  On October 1, the Supreme Court denied the petition.  Keep an eye on the appellate courts to see … Continue Reading

Third Circuit Limits Taxable eDiscovery Costs

Co-authored by: Gil Keteltas Given the significant costs of electronic discovery in complex litigation, it is no surprise that an increasing number of parties are litigating whether e-discovery costs are taxable against a losing party under 28 U.S.C. § 1920(4). The Third Circuit recently weighed in on this question in Race Tires America, Inc. v. … Continue Reading