Archive: December 2015

1
Absent Plaintiff’s Control of Emails in Employees’ Personal Accounts, Court Denies Motion to Compel
2
Court Applies Amended Rule 26, Concludes Burdens on Parties Resisting Discovery Have Not Fundamentally Changed
3
In Criminal Case, Failure to Preserve Results in Exclusion of All Text Messages, Possible Adverse Inference
4
Electronic Discovery Law Blog Named to ABA Journal’s Blawg 100 (Again!)
5
e-Discovery Rules: US Court of International Trade, US Tax Court, US Court of Federal Claims
6
Today is the Day! Amendments to Federal Rules of Civil Procedure Effective Dec. 1, 2015

Absent Plaintiff’s Control of Emails in Employees’ Personal Accounts, Court Denies Motion to Compel

Matthew Enter., Inc. v. Chrysler Grp., LLC, No. 13-cv-04236-BLF, 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015)

In this case, the court declined to compel production from Plaintiff’s employees’ personal email accounts because Plaintiff did not have control of the emails for purposes of discovery.  As to the contents of Plaintiff’s “customer communications database” maintained by a third party vendor, however, the court found that Plaintiff did have control of the ESI, as evidenced by the prior production of certain data at Plaintiff’s request.

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Court Applies Amended Rule 26, Concludes Burdens on Parties Resisting Discovery Have Not Fundamentally Changed

Carr v. State Farm Mut. Auto. Ins. Co., No.3:15-cv-1026-M, 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015)

In this case, the court addressed Defendant’s Motion to Compel discovery responses and undertook substantial analysis of the effects of newly amended Federal Rule of Civil Procedure 26 on the burdens of parties’ resisting discovery, concluding they had not fundamentally changed.

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In Criminal Case, Failure to Preserve Results in Exclusion of All Text Messages, Possible Adverse Inference

United States v. Vaughn, No. 14-23 (JLL), 2015 WL 6948577 (D.N.J. Nov. 10, 2015)

In this criminal case, a pro se defendant sought sanctions, including dismissal of the indictment, for the Government’s failure to preserve text messages relevant to its investigation.  Upon examination of the facts, including the Government’s acknowledged failure to preserve certain text messages and constantly changing explanations surrounding that failure as well as the “different level of diligence” applied to different text messages (care was taken to preserve certain messages, but not others), the court determined sanctions were warranted.  Accordingly, the court ordered that the Government would be precluded from using any text messages in its case-in-chief and reserved judgment until trial regarding the propriety of an adverse inference instruction.

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Electronic Discovery Law Blog Named to ABA Journal’s Blawg 100 (Again!)

The e-Discovery Analysis & Technology (e-DAT) Group at K&L Gates is proud to announce that the Electronic Discovery Law blog has again been named to the ABA Journal’s Blawg 100 list. Thanks to all who nominated us and to all of our readers for their ongoing interest in the important issues affecting electronic discovery!

Click here to read more about the ABA Journal’s Blawg 100 list and to see this year’s list of excellent legal blogs and 2015 Hall of Fame inductees.

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e-Discovery Rules: US Court of International Trade, US Tax Court, US Court of Federal Claims

Rules of the U.S. Court of International Trade
Rule 16 Postassignment Conferences; Scheduling; Management
Rule 26 Duty to Disclose; General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 45 Subpoena

United States Tax Court Rules of Practice and Procedure
Rule 70 General Provisions
Rule 71 Interrogatories
Rule 72 Production of Documents, Electronically Stored Information, and Things
Rule 82 Depositions Before Commencement of Case
Rule 103 Protective Orders
Rule 104 Enforcement Action and Sanctions
Rule 147 Subpoenas

Rules of the United States Court of Federal Claims 
Rule 16 Pretrial Conferences; Scheduling; Management
Rule 26 Duty to Disclose; General Provisions Governing Discovery
Rule 33 Interrogatories to Parties
Rule 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 45 Subpoena

Today is the Day! Amendments to Federal Rules of Civil Procedure Effective Dec. 1, 2015

The wait is over.  Amendments to the Federal Rules of Civil Procedure are effective today.

The 2015 amendments to the Federal Rules of Civil Procedure are significant and will have a direct impact on the day to day practice of law, particularly discovery.  If you’ve been putting off your review of the amendments, the time for action is now!  Take a few minutes (or a few hours) to review these important amendments and/or attend one of K&L Gates’ two live events to learn more! (Live events are also available via webinar.)

CLICK HERE for an overview of the rules amendments package.

To register for K&L Gates’ complimentary CLE, “Federal Rule Changes Affect e-Discovery – Are You Ready This Time?” follow the links below:

  • CLICK HERE to attend LIVE! in Seattle: Dec. 1, 2015, 1:30 PM -5:30 (with post-program reception)
  • CLICK HERE to attend LIVE! in Pittsburgh: Dec. 3, 2015, 8:30 AM-12:15
  • Can’t Attend in Person? Email Allison Peterson (allison.peterson@klgates.com) to attend via Webinar. Log-in instructions will be emailed to you.

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