In a recent case involving an administrative summons issued by the IRS, a federal court denied the respondent’s request for a clawback order under Rule 502(d) of the Federal Rules of Civil Procedure. The court’s analysis hinged on the fact that a summary proceeding before the IRS is unlike civil litigation, in which 502(d) orders are routinely entered to allow the return of documents that a party belatedly determines are protected by the attorney-client privilege or the work product doctrine. A 502(d) order allows parties to claw back inadvertently produced privilege documents with “no questions asked,” while such documents are otherwise handled under Rule 502(b), which requires a party to make a number of showings before it is allowed to claw back documents.
An employee found out the hard way that utilizing her work email account to communicate with her personal attorney was a risky choice, after the court considering her employment discrimination claims found that any privilege related to such communications had been waived.
A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden to show that the additional requested custodians were in the possession of “uniquely relevant information” and not the respondent’s responsibility to prove that they were not. This deference to the responding party is directly aligned with Principle 6 of the Sedona Principles, which provides “[a] responding party should determine how to meet its own preservation and production obligations.”
The judge in an employment case against the New York Fed grants in part and denies in part a motion for discovery sanctions after finding the plaintiffs’ repeated discovery failures constituted intentional bad faith and wasted Court time and resources.
CODISCOVR’s Joseph Tate, Nicole Gill, and Kenneth Carruth were proud exhibitors at the Cozen O'Connor-sponsored Construction Super Conference last week.
In a trade secret case, a federal district court orders the imaging of employees’ work laptops, but not their personal cellphones.
On Wednesday, January 10, 2024, Nicole Gill will speak on the “Exporting Data from the People’s Republic of China” panel at the Sedona Conference Working Group 6 (WG6) Annual Meeting.
A plaintiff is reminded that Rule 45 does not permit parties to object to third-party subpoenas on burden or relevance grounds.
The U.S. Court of Appeals for the Second Circuit upheld a district court’s decision to terminate a case and impose attorney fees and costs as sanctions for the plaintiff’s fabrication and spoliation of evidence.
Nicole Gill recently contributed to an article for Legaltech News on how, if adopted more broadly by e-discovery professionals, generative AI could impact some proceedings and even challenge the Federal Rules of Civil Procedure that govern them—though how soon such an impact could be felt is likely too early to tell.
Stubhub was chastised in a recent discovery order for agreeing to an ESI protocol, failing to produce documents according to the terms of the protocol, and then arguing that compliance with the protocol was impossible.
A Maryland court denied a plaintiff’s motion for spoliation sanctions, finding that he did not meet his burden of demonstrating that the defendants had an “intent to deprive” him of lost data.
In a case before the U.S. District Court for the District of Vermont, the court largely rejected the defendants’ arguments to avoid supplementation to their discovery production, and granted in part the plaintiff’s motions to compel.
A federal court considering a products liability case cautioned that attorneys may not rely on custodial self-collections and must instead test the accuracy of their clients’ discovery efforts.
A federal court recently addressed a party’s request for access to the personal email account of the opposing party’s Director of Operations, finding that the requesting party failed to meet its burden of establishing that the account was in the opposition’s “control.”
Lawyers can and should embrace generative AI technology for use in the eDiscovery context, utilizing a trust-but-verify approach — just as we have done for other AI technologies.
Previously part of a brainstorming group, Gill will now be part of the drafting team to develop commentary on the topic of Exporting Data from the People’s Republic of China.
In a recent contract dispute, the court held that relevancy redactions were allowable even though a protective order was in place.
A recent decision found that a party was required to review documents for relevance before producing them, relying on an ESI protocol provision stating a party’s obligation to conduct a reasonable search for documents.
A recent decision declined to find the requisite “intent to deprive” when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken measures to back up its contents, despite initiating litigation almost a year prior to the theft.
Joe Tate and Nicole Gill offer insight on a decision regarding possession, custody, or control in a recent case between PGA, Inc., and professional golfers.
CODISCOVR Counsel Nicole Gill was recently quoted in an article for Legaltech News on how diverging possession, custody, or control tests impact eDiscovery outcomes.
In a recent decision, Google was sanctioned for its failure to suspend the auto-deletion of internal Google Chat messages following the issuance of a litigation hold
On Tuesday, May 9, 2023, CODISCOVR Managing Director Joe Tate will be on the panel of Villanova University Charles Widger School of Law's upcoming CLE program.
A recent decision illustrates the importance of ensuring data is properly preserved following the onset of litigation.
This Justice Department mishap illustrates the importance of avoiding inadvertent disclosures of confidential information, which are difficult to put “back in the box” once it has been viewed by opposing counsel.
On Wednesday, March 29, CODISCOVR Managing Director Joe Tate will speak at this CLE class in Washington, D.C., for new and more experienced attorneys alike seeking practical tips on drafting privilege logs.
On Friday, March 24, CODISCOVR Managing Director Joe Tate will speak at The Sedona Conference Institute's program in Atlanta, Georgia, focused on practical strategies to avoid or resolve conflicts that commonly occur around electronically stored information.
CODISCOVR Managing Director Joe Tate has been promoted to Member at Cozen O'Connor.
Judges will ultimately determine the proportionality of discovery based on what they believe is essentially needed. That need is best defined by an appropriately negotiated ESI protocol with reasonable search terms.
While the concepts of possession, custody, and control have blurred in our electronic world, there are a few emerging trends. CODISCOVR Counsel Joe Tate and Nicole Gill share insight.
On Thursday, March 16, CODISCOVR Counsel Joe Tate and Nicole Gill, will speak at this seminar focused on workplace security, data protection, and crisis communications for small to mid-sized law firms.
On Tuesday, January 24, CODISCOVR Counsel Joe Tate and Nicole Gill spoke to the Association of Corporate Counsel's Litigation Network about the intersection of information governance and eDiscovery.
Nicole Gill will speak on the panel “Exploring Data From the People’s Republic of China” at The Sedona Conference Working Group 6 (WG6) Annual Meeting.
Nicole Gill has been selected to join The Sedona Conference Working Group Series 6 Brainstorming Group (WG6) on the Data Security Law and Personal Information Protection Law in the People’s Republic of China.
Joe Tate was quoted in an article published by Legaltech News that discusses organizations’ struggle to hire and retain eDiscovery project managers.
Joe Tate and Nicole Gill attended the Sedona Conference's 2022 eDiscovery Negotiation Training.
Joe Tate and Nicole Gill published an article to The Legal Intelligencer discussing how as the eDiscovery lifecycle has matured, information governance has taken on a more prominent and important role as the foundational stage of the process.
Nicole Marie Gill and Emily Plowcha published an article to Bloomberg Law discussing technological solutions for eDiscovery professionals when working remotely.
Joe Tate was quoted in an article published by Legaltech News discussing how he hasn’t seen the demand for eDiscovery talent in the market this high in years.
Joe Tate and Emily Plowcha contributed an article to The Legal Intelligencer discussing how the remote work environment has significantly impacted eDiscovery and the ethical obligations of attorneys in the ever-evolving technological and legal landscape.