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
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
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.
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
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
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
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
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
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
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.
On Friday April 13, 2012, Plaintiffs in this matter filed a formal motion for recusal or disqualification, following up on their prior, informal request for the same. • A copy of the Notice of Motion for Recusal or Disqualification is available here. • A copy of the Memorandum of Law in Support of Plaintiffs’ Motion… Continue Reading
On Monday, Magistrate Judge Andrew Peck issued an order in response to Plaintiffs’ request for his recusal, which, according to Judge Peck, was contained in a letter dated March 28, 2012 (and is not publicly available at this time). A copy of the order is available here.
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
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
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.”
It was great to hear the Electronic Discovery Law blog receiving high praise in the most recent Digital Detectives podcast! In particular, our thanks go out to Neil Squillante, publisher of LitigationWorld, who was the guest of Sharon D. Nelson and John W. Simek this month . The podcast was called “The Best Resources for… Continue Reading
Thomas J. Smith and Matthew S. Collins, K&L Gates The Legal Intelligencer, February 9, 2012 The extraordinary cost of e-discovery is well documented. The amount of ESI that we generate is exploding and the use and prevalence of technology, its ease of access, and the relatively low cost mean that trend will continue. Clients are… Continue Reading
By Robyn Weisman & Monica Bay Law Technology News, January 30, 2012 Today’s top law firms and their corporate clients are struggling to find the right combination of people, processes, technology — and facilities — to effectively control the quality and costs of electronic data discovery. The risks are acutely visible for those who stumble:… Continue Reading
On January 12, 2012, the D.C. Court of Appeals Committee on the Unauthorized Practice of Law (“UPL Committee”) approved Opinion 21-12 addressing the applicability of D.C. Court of Appeals Rule 49 to “‘discovery services companies’—companies that state they offer comprehensive discovery services, including assistance with large scale document review, to legal services organizations.” Rule 49… Continue Reading
Effective yesterday, the District of Delaware has adopted revised default standards for discovery, including electronic discovery. The standards cover a broad range of e-discovery issues from cooperation and proportionality to preservation, privilege, and format of production, among others. Clearly intended to provide more than just general guidance to parties before the court, the default standards… Continue Reading