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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: May 2012

Expert’s Inadvertent Production Results in Waiver of Privilege Absent Sufficient Supervision by Counsel or Prompt Steps to Rectify Disclosure


Ceglia v. Zuckerberg, No. 10-CV-00569A(F), 2012 WL 1392965 (W.D.N.Y. Apr. 19, 2012)

In this case, the court addressed whether inadvertent production of an email by an information technology expert waived the attorney-client privilege. Finding that the plaintiff neither took reasonable steps to prevent the email’s disclosure nor acted promptly to rectify the error upon its discovery, the court held that privilege was waived.

Da Silva Moore: Plaintiffs File Objections to Discovery Rulings

Posted in NEWS & UPDATES

On May 21, Plaintiffs filed Rule 72(a) objections to Magistrate Judge Peck’s May 7, 2012 discovery rulings related to the relevance of certain documents that comprise the seed set of the parties’ ESI protocol.  Plaintiffs’ brief and supporting declaration are available below: Plaintiffs’ Rule 72(a) Objection to the Magistrate’s May 7, 2012 Discovery Ruling Declaration… Continue Reading

ABA Working Group Issues Interim Report on e-Discovery in Bankruptcy Cases


In March, the American Bar Association’s Electronic Discovery [ESI] in Bankruptcy Working Group issued its Interim Report on Electronic Discovery Issues in Bankruptcy Cases.  The Working Group “was formed to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve electronically stored information (ESI) in… Continue Reading

New Jersey Considers e-Discovery Rules for Criminal Cases

Posted in NEWS & UPDATES

In April 2009, Chief Justice Rabner of the Supreme Court of New Jersey appointed the Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters (hereinafter the Committee).  The Committee “was appointed to recommend solutions to a variety of issues that had arisen as the result of the increasing use of electronically stored information… Continue Reading

More Happenings in Da Silva Moore

Posted in NEWS & UPDATES

It seems every day brings something new in this case.  Today we report that on Monday, May 14, Magistrate Judge Peck entered an order staying MSL’s production of ESI, “pending Judge Carter’s decision on plaintiffs’ motions for collective action certification and to amend their complaint.”  That order is available here. Also of interest, on Tuesday,… Continue Reading

Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or Disqualification

Posted in NEWS & UPDATES

On May 10, 2012, Plaintiffs filed their reply in support of their motion for recusal or disqualification. Those pleadings are available below. • Reply Memorandum of Law in Support of Plaintiffs’ Motion for Recusal or Disqualification • Declaration of Steven L. Wittels in Support of Plaintiffs’ Reply in Support of Plaintiffs’’ Motion for Recusal or… Continue Reading

E-Discovery Standards in Federal and State Courts after the 2006 Federal Amendments


Since the amendment of the Federal Rules in 2006, many states have adopted their own rules to address the discovery of electronically stored information.  Thomas Allman, a recognized authority on electronic discovery, has given permission to post his article identifying and analyzing the myriad of state e-discovery rules around the country. Our thanks to Mr. Allman for… Continue Reading

Twitter Seeks To Quash Order Requiring Production of Account Holder’s User Information, Tweets


People v. Harris, No. 2011NY080152 (N.Y. Crim. Ct.) Following up on the case summary from last week (posted May 1, 2012) in which the court denied defendant’s motion to quash the District Attorney’s subpoena and issued an order requiring the production of defendant’s user information and Tweets from Twitter, Inc., this week brings us Twitter, Inc.’s motion to… Continue Reading

From The Sedona Conference®: a Commentary on Ethics & Metadata


In March, The Sedona Conference® released a public comment version of its latest publication: Commentary on Ethics & Metadata.  The commentary is the first “to move beyond [Working Group 1’s] previously exclusive focus on aspects of discovery or records management/preservation” and focuses on ethical obligations surrounding metadata in both the discovery and non-discovery context. The… Continue Reading

N.D. California Court Declines to Follow Race Tires, Allows Taxation of e-Discovery Costs


In re Online DVD Rental Antitrust Litig., No. M 09-2029 PJH, 2012 WL 1414111 (N.D. Cal. Apr. 20, 2012)

Plaintiffs moved for review of the clerk’s taxation of costs, including those related to electronic discovery. Noting the recent decision of the Third Circuit in Race Tires America Inc. v. Hoosier Racing Tire Corp, which narrowly interpreted 28 U.S.C. § 1920(4) and which vacated a lower court’s approval of many costs related to electronic discovery, the California court nonetheless declined to disallow the costs related to electronic discovery in this case:

Defendant Files Response to Plaintiffs’ Motion for Recusal

Posted in NEWS & UPDATES

Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) On Monday, Defendant MSL Group Americas, Inc. filed its response in opposition to Plaintiffs’ Motion for Recusal or Disqualification.  Those pleadings are available below.

Criminal Defendant has No Standing to Quash Twitter Subpoena


People v. Harris, —N.Y.S.2d—, 2012 WL 1381238 (N.Y. Crim. Ct. Apr. 20, 2012) In this case, the court held that the defendant did not have standing to move to quash a subpoena seeking production of his Tweets and the user information associated with his Twitter account because the defendant “had no proprietary interests” in the… Continue Reading