District Judge Katherine Polk Failla imposed significant sanctions in Arrowhead Capital Finance, LTD v. Seven Arts Entertainment, Inc., 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016), following Defendants’ repeated failure to cooperate in discovery and comply with the terms of her previously issued discovery orders.
The Southern District of New York Rules That It Cannot Force a Responding Party to Use Technology Assisted Review When Searching for Documents
In Hyles v. New York City et. al., (Case No. 10-3119, 2016 U.S. Dist. LEXIS 100390 [S.D.N.Y. Aug. 1, 2016], the plaintiff, an African-American female employed by the City of New York, was demoted.
Federal Court Refuses to Compel Defendant to Produce Non-Responsive Documents That Hit On Agreed Upon Search Terms
A federal court in Texas recently refused to enforce the parties’ discovery agreement with respect to plaintiff’s request that the defendant produce all non-privileged documents responsive to search terms agreed to over email.
Under a ruling issued by a federal district court in Arizona, the new Federal Rules for discovery allowed the defendant to avoid producing electronically-stored foreign communications in multidistrict litigation over allegedly faulty medical devices.
Apparently IoT is leading the FTC (Federal Trade Commission), the government watchdog of privacy, one step closer to broadening the scope of what it believes falls within the definition of “personally identifiable information” or PII.
This case (Heller’s Gas, Inc. v. Int’l Ins. Co. of Hannover Ltd., 2016 U.S. Dist. LEXIS 71069 [M.D. Pa. June 1, 2016]), arises from an insurance claim filed by Heller’s Gas Inc. (“Heller”).
A federal court in Utah recently applied the newly amended Rule 37(e) and, in doing so, issued relatively limited sanctions following a finding of spoliation.
Earlier this year, I predicted that 2016 would be a year of increased focus on e-discovery from cloud-based sources and postulated that many organizations would demand better e-discovery solutions and increased cooperation from cloud providers.
A federal court in Pennsylvania recently ordered a former executive to respond to costly and expansive discovery requests in a case where the former executive allegedly set up a competing business in violation of his employment agreement.
The 9th Circuit ruled that Yelp was immune from content under the 1996 Communications Decency Act (DCA) which “immunizes providers of interactive computer services against liability arising from content created by third parties.”