The Western District of Washington has published on its website proposed amendments to the Local Civil Rules, including the addition of language that specifically addresses the discovery of electronically stored information. The court has also published a proposed Model Protocol for Discovery of Electronically Stored Information in Civil Litigation, which was “developed in partnership with… Continue Reading
In the latest edition of K&L Gates’ Arbitration World Julie Anne Halter, a Partner in K&L Gates’ e-Discovery Analysis and Technology Group (e-DAT), and William Zoellner, an e-DAT Staff Lawyer, discuss the value of Early Case Assessment in arbitration. From the Editors Welcome to the 19th edition of Arbitration World, a publication from K&L Gates’ Arbitration… Continue Reading
Magistrate Judge Andrew Peck has denied Plaintiffs’ Motion for Recusal or Disqualification. The 56-page opinion was filed on Friday, and is available here.
Phase Two of the Seventh Circuit’s Electronic Discovery Pilot Program ended in May and the Final Report on that phase has now been issued. According to that report, much was accomplished during Phase Two, including the creation of several subcommittees such as the Criminal Discovery Subcommittee, dedicated to developing “resources to educate criminal practitioners about… Continue Reading
Last week, Pennsylvania became the most recent state to amend its civil rules to address the discovery of electronically stored information. Unlike many other states, however, Pennsylvania’s Civil Procedural Rules Committee has made clear in its explanatory comment that despite the adoption of the term “electronically stored information,” “there is no intent to incorporate federal… Continue Reading
D’Onofrio v. Borough of Seaside Park, No. 09-6220 (AET), 2012 WL 1949854 (D.N.J. May 30, 2012)
Here, the court held that privilege was waived as to unintentionally produced, privileged documents where, despite the reasonableness of Defendants’ initial efforts to preclude production, subsequent warnings that something was “profoundly awry with their document production and privilege review” failed to result in Defendants’ discovery that privileged information had been produced.
On June 4, 2012, Defendant MSLGroup filed its opposition to Plaintiffs’ objections to Magistrate Judge Peck’s May 7, 2012 discovery rulings. A full copy of the response is available here.
Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., No. 8:10CV365, 2012 WL 1852048 (D. Neb. May 18, 2012)
In this case, the court addressed several motions, including plaintiff’s motion for sanctions. Upon analysis of the facts presented, the court determined that defendants made repeated misrepresentations to the court; failed to conduct an adequate search for responsive documents; and wrongfully discarded a relevant server, among other things. Accordingly, the court ordered monetary sanctions, including payment of the costs of a forensic examination, and recommended an adverse inference instruction at trial.