Tag Archives: ediscovery

E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach

Photo of James A. ShererPhoto of Nichole SterlingBy James A. Sherer and Nichole Sterling on Posted in Blockchain, E-Discovery
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and offerings into their preservation strategies and requests for production, appropriately considering a variety of client and … Continue Reading

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

Photo of Nichole SterlingPhoto of James A. ShererBy Nichole Sterling and James A. Sherer on Posted in E-Discovery Rules, LegalTech, TAR
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

Isn’t E-Discovery Hard Enough Without the Internet of Things?

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in E-Discovery Rules, Privacy
This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home.  As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here …. The thermostat is watching me…”  Whereupon she proceeded to demonstrate this by waiting until the thermostat went dark and … Continue Reading

Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

Photo of Carey BusenBy Carey Busen on Posted in E-Discovery Rules
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

Is Social Media Discoverable? Stick to the Basics (Part III – Other Limitations on Discovery)

By Jennifer Walrath on Posted in Social Media
In addressing the discoverability of social media, we typically analyze three questions:  Is social media relevant to the claims or defenses at issue in your litigation?  If so, is it within your possession, custody, or control?  And, finally, is there anything else that may preclude or limit discovery of social media content? In two previous … Continue Reading

Advocating Proportionality? Start with the Rules!

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas on Posted in Proportionality
You are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced.  But your opponent and the court are new to e-discovery in major litigation, and your opponent has resisted a meaningful early discussion of the myriad issues “that deserve … Continue Reading

Keep Your Social Media Discovery Targeted!

By Jennifer Walrath on Posted in Social Media
Co-authored by: Alberto Rodriguez We previously posted about the threshold issue of relevance in social media discovery in the context of EEOC v. Simply Storage, in which the Southern District of Indiana limited broad requests for social media to those relevant to the claimant’s mental and emotional health – specifically, those communications, photographs, and videos … Continue Reading

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

Photo of Carey BusenBy Carey Busen on Posted in E-Discovery Rules, Taxable 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

Preservation and Cost Shifting: Recent New York Appeals Court Opinions Clarify State Discovery Rules

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas on Posted in E-Discovery Rules
The New York state Appeals Court has been active in the e-discovery space over the past few months.  In Voom HD Holdings LLC v. EchoStar Satellite LLC the court discusses when the duty to preserve information in advance of actual litigation arises.  And in U.S. Bank N.A. v. GreenPoint Mtge. Funding, Inc., the court considers … Continue Reading
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