Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding on a population of documents that had already been screened using keywords pursuant to a case management order that did not provide for the use of predictive coding.
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities.
In this copyright infringement case, the Sixth Circuit considered plaintiff’s arguments that the district court abused its discretion by denying plaintiff’s motion for spoliation sanctions related to defendant’s failure to preserve the information on a relevant hard drive and a relevant server and that the magistrate judge (and district court) improperly concluded that defendant’s back-up tapes were not subject to the duty to preserve, pursuant to the analysis set forth in Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (S.D.N.Y. 2003).
It is generally recognized that construction defect cases are some of the most expensive, and complicated, cases being litigated in California. I have personally been involved in cases with more than 75 payors contributing to a settlement, including contractors, insurers, and sureties.
Despite efforts to increase efficiency and save money, most businesses set aside substantial budgets for litigation costs.
As part of a drug trafficking investigation the US government persuaded a Court to issue a warrant that “purports to authorize the Government to search any and all of Microsoft’s facilities worldwide” according to Microsoft’s opposition brief filed on June 6, 2014 in the US District Court for the Southern District of New York.
In a previous post, I wrote about the Barrick v. Holy Spirit decision and its impact upon discovery of communications between attorneys and experts.
Somewhere in the back of your mind you are aware that discovery and Motions for Summary Judgment deadlines are looming.
Think Fast—but Not Too Fast: Privilege Waived for Failure to Take Reasonable Steps to Prevent Disclosure
In this case, the court found that privilege was waived where First Technology Capital, Inc. (“FTC”*), through counsel, failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials.
Spoliation has become a potent litigation weapon in today’s world of electronically stored information. Last week’s NY Appellate Division decision in Pegasus Aviation I v. Varig Logistica S.A.