Case Law & Court Rules

On July 24, 2012, a New York District Court issued an order approving Defendant’s request to use TAR following its agreement to allow access to the relevant and irrelevant documents (save for privileged documents) in the seed set.   Fed. Housing Fin. Agency v. JPMorgan Chase & Co., No. 1:11-cv-06188-DLC (S.D.N.Y. July 24, 2012) is […]

This Opinion and Order arose from Plaintiffs’ Motion for Recusal or Disqualification asserting an appearance of partiality due to United States Magistrate Judge Andrew J. Peck’s prior advocacy of predictive coding in appropriate cases. It presents a very detailed analysis of the recusal standards.  The motion was denied because it was held untimely and meritless. […]

On April 23, 2012, Magistrate Judge Andrew Peck approved predictive coding despite plaintiff’s objections.   The full text is available at http://pdfserver.amlaw.com… Open pdf

Andrew J. Peck, United States Magistrate Judge “recognizes that computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases”. While making the point that “the best approach to the use of computer-assisted coding is to follow the Sedona Cooperation Proclamation model. Advise opposing counsel that you plan to use computer-assisted coding […]

REV 12/08/11   The full text is available at http://www.ded.uscourts.gov… Open pdf

In this case employment discrimination case Defendant (Ferrellgas) filed a motion to compel Plaintiff (Held) to produce data from Plaintiff’s Facebook account. Plaintiff objected, stating that the information is “irrelevant, confidential and private”. The court granted Defendant’s motion to compel discovery as it appears that Defendant is attempting to mitigate Plaintiff’s privacy concerns by allowing […]

As in the majority of the jurisdictions, negligent spoliation of evidence is not a cause of action in South Carolina.   The South Carolina Supreme Court reversed the court of appeals’ decision because it found that negligent spoliation is not a cause of action in South Carolina. Nor should the law be changed to recognize […]

On August 10, 2010, the E.D. Court of New York denied Plaintiff’s motion for spoliation sanctions since he failed to present evidence proving that the emails allegedly destroyed by Defendants “would have been favorable to his case”. In this employment discrimination case, Plaintiff, Siani, argued that defendants failed to preserve electronic evidence and that he […]

Nine discovery motions were before the court. One of the motions dealt with the format in which certain email correspondence must be produced – an issue with a considerable procedural background. The court held that Rule 34 of the Federal Rules of Civil Procedure allowed for production in either native format or another usable format. […]

In a dispute over setting deposition dates, “To help counsel understand their obligations, counsel are directed to read the Sedona Conference Cooperation Proclamation, which this Court has previously endorsed”.   The full text is available at http://www.gpo.gov… Open pdf   Related Documents: Sedona Conference® Cooperation Proclamation