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Document Custodians – eLessons Learned



An ediscovery best practices blog, written by law students.



Last Build Date: Mon, 15 Jan 2018 14:00:06 +0000

 



Take Discovery Seriously

Fri, 23 Oct 2015 13:00:30 +0000

The court first directed the defendant to produce the file of the plaintiff’s insurance claim in 2007, and needless to say, even in 2014 the defendant still had not produced everything.  Over one year later, the court granted the plaintiff’s first motion to compel.  When a flood of documents appeared at a deposition in 2011, […]

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Search Terms Must Be Arguably Relevant to Stand Judicial Review—Potential Narrowing FRCP 26(b)

Wed, 14 Oct 2015 13:00:44 +0000

Federal Rules of Evidence Rule 401 defines something as relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Federal Rules of Civil Procedure  Rule 26(b)(1)-Parties may obtain discovery regarding any matter, […]

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When Should A Plaintiff Withdraw Its Motion For A Protective Order?

Mon, 12 Oct 2015 13:00:36 +0000

Communication is key to any joint status report!  Parties should not risk annoying the court by refusing to withdraw a motion when both sides are essentially in agreement.  The court will find a protective order unnecessary when the defendants completely understand their preservation duties, acknowledge their duties, and have made substantial efforts to preserve discoverable […]

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How Can One Secure An Order Protecting One From Producing Certain ESI?

Fri, 21 Aug 2015 13:00:09 +0000

This matter came before the court upon Plaintiff Black & Veatch’s Motion for Protective Order and Request for Discovery Conference. B&V entered into a series of agreements wit American Electric Power Services (“AEP”) and other companies (collectively, the “Owners”) to engineer, procure material, and construct wet flue gas desulfurization systems (also known as JBRs). The […]

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When Is “Discovery On Discovery” Improper?, Part 2

Wed, 24 Jun 2015 13:00:13 +0000

In Freedman v. Weatherford Int’l, Ltd., Weatherford hired law firm Latham & Watkins to review allegations of security fraud made to Weatherford’s whistleblower hotline. Latham found no evidence of fraud. However, a second investigation was conducted by Davis Polk & Wardwell, LLP. Plaintiff’s alleged that Davis’s second investigation reveal that Latham actually discovered evidence of […]

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To Preserve or Not to Preserve? THAT Is the Question

Wed, 17 Jun 2015 13:00:52 +0000

This dispute stems from Plaintiff Linda Riley’s slip and fall at a Marriott hotel in Hawaii (her husband, James, is another named plaintiff).  As a result of this fall, in simple terms, Riley broke her right leg and sustained permanent nerve damage including sensory motor loss and weakness in her right foot.  Riley contends Marriott […]

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What Happens When the Smoking Gun is Thrown in the Recycling Bin?

Wed, 27 May 2015 13:00:32 +0000

In January 2014, the Hon. Lawrence E. Kahn in the U.S. District Court for the Northern District of New York granted plaintiff Dataflow, Inc.’s motion for sanctions in a case regarding deleted email correspondence.  Sanctions took the form of the often-case-ending adverse inference, with the judge reserving on the specific language of the adverse inference […]

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Recycling—Helps the Earth, Saves Lives, and Destroys Electronic Evidence

Fri, 22 May 2015 13:00:37 +0000

“Recycle,” “conserve,” “waste,” and “pollution” are terms that were implanted into the minds of each of us at a young age and are now they are being instilled into companies worldwide as a measure to reduce operational costs. Companies such as JPC Equestrian, Inc. have begun recycling and reusing “cleaned” electronic devices from former employees, […]

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Should I Obstruct Discovery?—A Classic Pyrrhic Victory Problem

Fri, 13 Mar 2015 13:00:13 +0000

A pyrrhic victory is defined by winning an early battle but eventually losing the war because of the costs and expenses of that earlier battle. Everyone has heard the phase, “you may have won this battle but I will win the war.” Victory in life, business, and litigation is achieved by obtaining a favorable outcome […]

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When Is “Discovery On Discovery” Improper?

Wed, 11 Mar 2015 15:03:29 +0000

In Freedman v. Weatherford Int’l Ltd., a putative class action alleging securities fraud, the plaintiff moved for reconsideration of the court’s denial of a motion to compel discovery. The plaintiff sought to compare a document that had been produced by defendant Weatherford International during discovery with documents from two internal investigations conducted by defendant, which […]

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