Public comments welcome on the Sedona Conference’s TAR Case Law Primer

Public comments on TAR. On August 2016, the Sedona Conference Working Group on Electronic Document Retention (WG1) published the TAR Case Law Primer. The document discusses more than 30 decisions from state, federal, and foreign courts and administrative agencies addressing the use of Technology-Assisted Review (TAR) in civil discovery. The WG1 encourages public comment on […]

Elkharwily v. Franciscan Health Sys., 2016 U.S. Dist. LEXIS 99795, 2016 WL 4061575 (W.D. Wash. July 29, 2016)

On July 29, 2016, the Washington District Court found that the requesting party is responsible for the costs to retrieve archived emails discoverable under Fed. R. Civ. P. 26(b)(1). In this case Plaintiff did not meet his burden to show good cause, which would have overcome Defendant’s showing that producing the archived emails was costly and burdensome. […]

Allyson Haynes Stuart, Making Sure BYOD Does Not Stand For “Breach Your Organization’s Data”, South Carolina Lawyer (March 2016)

From the article. “Reportedly, more than half of North American and European companies are developing a bring-your-own-device (BYOD) policy. But with the benefits of BYOD come many challenges. This Article explores the risks associated with BYOD, and offers practical solutions for employers seeking to maintain a secure corporate network”. The full text is available here […]

Personal e-mail accounts discoverable in work-related claims, federal court held

On June 14, 2016, the United States District Court for the Eastern District of New York, held that personal email accounts may be searched with reference to a work-related dispute. In this civil rights case, Plaintiff motioned to compel Defendants to “search for and produce certain documents from their personal computers and email accounts.” Plaintiff pointed […]

Discovery can be used only for pled claims or defenses

On May 23, 2016, the United States District Court for the Southern District of New York determined that “just as a plaintiff may not take discovery regarding unpled claims, so a defendant is precluded from seeking discovery concerning unpled defenses”. In this intellectual property dispute, Defendants moved – among other requests – for an order […]

In discovery, you cannot simply allege burdensomeness: you must detail the reasons and make a good faith effort to comply with discovery request

On June 24, 2016, the United States District Court for the Northern District of Ohio, Eastern Division, determined that “a party cannot simply claim ignorance in order to avoid producing documents that are relevant to an opposing party’s claim or defense”. Plaintiff FDIC is the receiver of AmTrust while Defendant Ark-La-Tex is engaged in the […]