Archive: March 2014

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Rule 34(b)(2)(E)(i) “Documents” Do Not Include ESI, Requirement to Produce in the Usual Course of Business or to Label to Correspond to Categories in the Request Does Not Apply
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Sanctions Imposed for Manipulation of Metadata to Conceal Use of Unproduced Computer
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Upcoming Event: Mastering E-Discovery, Litigation Holds & Metadata (Live CLE/Telephonic Seminar, organized by The Rossdale Group)

Rule 34(b)(2)(E)(i) “Documents” Do Not Include ESI, Requirement to Produce in the Usual Course of Business or to Label to Correspond to Categories in the Request Does Not Apply

Anderson Living Trust v. WPX Energy Prod., LLC, —F.R.D.—, 2014 WL 930869 (D.N.M. Mar. 6, 2014)

In this case, the court analyzed the question of whether “a party must, under rule 34(b)(2)(E)(i) of the Federal Rules of Civil Procedure, arrange and label electronically stored information (‘ESI’) to correspond to the categories in the request, or whether compliance with rule 34(b)(2)(E)(ii)—production of ESI in the form that the requesting party requests, or in another reasonably usable form—is sufficient” and concluded that “the rule 34(b)(2)(E)(i) requirement that documents be produced either in the usual course of business or labeled to correspond to categories in the request does not apply to ESI.”  Thus, the court declined to order Defendants to arrange and label their production, including approximately 20,000 pages of hard copy documents which had already been scanned and produced in .PDF format at Plaintiff’s request. Read More

Sanctions Imposed for Manipulation of Metadata to Conceal Use of Unproduced Computer

T&E Investment Group, LLC v. Faulkner, Nos. 11-CV-0724-P, 3:11-CV-1558-P, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014)

In this case, the District Court adopted the recommendation of the Magistrate Judge and ordered an adverse inference and monetary sanctions for Defendant’s manipulation of metadata using a bulk file changer in an attempt to conceal his use of an unproduced computer. Read More

Upcoming Event: Mastering E-Discovery, Litigation Holds & Metadata (Live CLE/Telephonic Seminar, organized by The Rossdale Group)

Thursday, March 6, 2014
Noon – 1:30 ET

Join K&L Gates attorneys Thomas E. Kelly and Bree Kelly and their fellow panelists Elizabeth Treubert Simon, Of Counsel at Vorys, and Jay G. Safer, Partner at Locke Lord, for this informative and timely discussion of important issues in electronic discovery.

Attorneys today must understand and advise clients on the winning tactics and techniques governing electronic discovery, litigation holds, and metadata. The laws governing e-discovery have changed considerably in recent years with rapid advancements in technology. In addition, almost all computer applications and platforms generate metadata, which can be disastrous for your clients. Metadata comes to the fore at each phase of the e-discovery process, including in inadvertent disclosures, meet-and-confer, culling/reviewing/coding, and planning.

This seminar provides guidance so attorneys and legal professionals can easily grasp the current requirements mandated under the law, revised e-discovery practices, concerns involving metadata, and compliance required for effective retention and destruction of electronically stored information. This seminar will examine the full extent of the duty to preserve electronic evidence and provide practical strategies for streamlining efforts to minimize costs and time in e-discovery. Our nationally distinguished faculty will discuss the latest techniques in legal hold letters, metadata, document management, and means to use electronic discovery to your client’s advantage. Register today to enroll in this convenient, live telephonic seminar on E-Discovery, Litigation Holds, & Metadata CLE.”

To learn more or to register, click here.

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