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Category Archives: NEWS & UPDATES

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Federal Trade Commission Issues Final Changes to Agency Procedure

Posted in NEWS & UPDATES

Yesterday, the Federal Trade Commission (“FTC”) announced that it has issued “final changes to agency procedure that will streamline the FTC’s investigatory process, make updates to keep pace with electronic evidence discovery, and provide more detail on how the agency evaluates allegations of misconduct by attorneys practicing before the Commission.”  Among the changes highlighted in… Continue Reading

Facing Fines for Contempt, Twitter Produces Defendant’s Tweets

Posted in NEWS & UPDATES

People v. Harris, No. 2011NY080152 (N.Y. Crim. Ct. 2012) As was previously discussed on this blog (here, here, and here), Twitter, Inc. was recently ordered by New York Judge Matthew Sciarrino to produce both “content” and “non-content” information (including the text of Tweets) associated with the account of criminal defendant Malcolm Harris.  Mr. Harris and others… Continue Reading

“Take it e-sy”

Posted in NEWS & UPDATES

K&L Gates partner Julie Anne Halter was featured on a Q&A panel of litigators discussing e-disclosure as a transformative tool in litigation.  Panelists were asked: With technology changing constantly, how can lawyers best use e-disclosure to help their clients through the litigation process?  Four experts debate some of the hot topics in this area. Read… Continue Reading

Supreme Court of Florida Adopts Amendments to Civil Rules to Address e-Discovery

Posted in NEWS & UPDATES

On July 5, 2012, the Supreme Court of Florida adopted amendments to the Florida Rules of Civil Procedure to address the discovery of electronically stored information.  The amendments will become effective September 1, 2012 at 12:02 a.m. The amendments will affect seven rules of civil procedure: “1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions… Continue Reading

Da Silva Moore: Plaintiffs Object to Denial of Motion for Recusal or Disqualification

Posted in NEWS & UPDATES

On June 29, 2012, Plaintiffs filed their Rule 72(A) objection to Magistrate Judge Peck’s denial of their Motion for Recusal or Disqualification.  Plaintiffs’ brief is available below.  (Plaintiffs’ declaration in support of their brief is over 500 pages long and is available on PACER  at http://www.pacer.gov/.) Plaintiffs’ Rule 72(A) Objection to the Magistrate’s June 15, 2012… Continue Reading

Western District of Washington Publishes Proposed Amendments to Local Civil Rules, Seeks Comment

Posted in NEWS & UPDATES

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

Early Case Assessment: A Litigation Arrow in an Arbitration Quiver

Posted in NEWS & UPDATES

 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

Seventh Circuit Electronic Discovery Pilot Program Issues Final Report on Phase Two

Posted in NEWS & UPDATES

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

Pennsylvania Amends Rules to Incorporate Discovery of Electronically Stored Information

Posted in NEWS & UPDATES

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

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

Posted in NEWS & UPDATES, RESOURCES

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

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

Posted in NEWS & UPDATES, RESOURCES

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

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.

Da Silva Moore Plaintiffs File Reply Brief In Support of Objections to Discovery Rulings

Posted in NEWS & UPDATES

Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) As expected, on March 19, 2012, plaintiffs in this case filed their Reply in Support of Rule 72(a) Objection to Magistrate Judge Peck’s February 8, 2012 Discovery Rulings.  In it, plaintiffs summarize their arguments as follows: Extrajudicial activities aside, what should… Continue Reading

Eastern District of Texas Adopts its own [Model] Order Regarding E-Discovery in Patent Cases

Posted in NEWS & UPDATES

Signed by Chief District Judge Leonard Davis on February 27, 2012, amendments to the Local Rules in the Eastern District of Texas include a [Model] Order Regarding E-Discovery in Patent Cases similar to an order  promulgated by a subcommittee of the Advisory Council of the Federal Circuit late last year.  The new [Model] Order is… Continue Reading

Government’s “Recommendations for ESI Discovery in Federal Criminal Cases” Revealed

Posted in NEWS & UPDATES

This month, the Joint Electronic Technology Working Group (JETWG) revealed its “Recommendations for ESI Discovery in Federal Criminal Cases,” which are intended “to promote the efficient and cost-effective post-indictment production of electronically stored information (ESI) in discovery between the Government and defendants charged in federal criminal cases, and to reduce unnecessary conflict and litigation over ESI discovery by encouraging the parties to communicate about ESI discovery issues, by creating a predictable framework for ESI discovery, and by establishing methods for resolving ESI discovery disputes without the need for court intervention.”