Archive: July 2018

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Lexpath Technology Holdings, Inc. v. Welch, No. 17-2604 (3d Cir. July 30, 2018)
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United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)
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Lawrence v. City of New York, et al., No. 1:15-cv-08947-WHP-OTW (S.D.N.Y. July 27, 2018)
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Urs Corp. v. Atkinson/Walsh Joint Venture (California Appellate Court (unpublished), 2018)
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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)
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Merriweather v. United Parcel Services, No. 3:17-CV-349-CRS-LLK (W.D. Ky. July 25, 2018)
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Leveraging Machine Translation Technology for Multi-Lingual Arbitrations
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People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)
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Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)
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BlackRock Balanced Capital Portfolio v. Deutsche Bank National Tr. Co. (S.D.N.Y., 2018)

United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)

Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography

Nature of Case: criminal prosecution – child pornography

Electronic Data Involved: e-mails, personally identifying information attached to e-email account

Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”

View Case Opinion

Lawrence v. City of New York, et al., No. 1:15-cv-08947-WHP-OTW (S.D.N.Y. July 27, 2018)

Key Insight: Attorney’s failure to check metadata for fraud was not sanctionable because it was reasonable to believe the client was telling the truth based on other facts

Nature of Case: Civil rights (police entry)

Electronic Data Involved: Digital photographs (with metadata)

Keywords: metadata, withdrawal, mental illness

View Case Opinion

Urs Corp. v. Atkinson/Walsh Joint Venture (California Appellate Court (unpublished), 2018)

Key Insight: Clounsel disqualification for misuse of documents reversed because cloud hosted repository sufficiently destroyed documents

Nature of Case: Breach of contract

Electronic Data Involved: cloud hosted repository

Keywords: disentitlement doctrine, inadvertent disclosure, hosted repository, cloud, counsel disqualification

In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)

Key Insight: Undue burden or cost of discovery alleged by defendant.

Nature of Case: antitrust class action

Electronic Data Involved: ESI searches upon 12 custodians

Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.

View Case Opinion

Merriweather v. United Parcel Services, No. 3:17-CV-349-CRS-LLK (W.D. Ky. July 25, 2018)

Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required

Nature of Case: Negligence-car accident

Electronic Data Involved: Daily Driving Reports

Keywords: Preservation; Spoilation; Due Diligence

View Case Opinion

Leveraging Machine Translation Technology for Multi-Lingual Arbitrations

Arbitration matters, and the teams working on them, can often span geographic borders which in turn can present a number of logistical issues.  These range from the mundane, such as standard paper/binder sizes, to schedule challenges presented by participants residing in multiple time zones, to what can be the biggest logistical challenge of all: language barriers.

While machine translation technology will not replace the need for certified translations of documents to be used in legal proceedings, it can be a valuable addition to your arsenal. This technology is a practical tool to help streamline the review of documents, reduce costs for clients, and optimize your staffing for international projects.

In the July 2018 edition of K&L Gates Arbitration World, we discuss the benefits, costs, and challenges associated with utilizing machine translation technology. Read the full article here.

People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)

Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest

Nature of Case: Endangered species act enforcement

Electronic Data Involved: audio, video, photos

Keywords: attorney work product, fact work product,

View Case Opinion

Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)

Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue

Nature of Case: ADA disability discrimination

Electronic Data Involved: medical and financial records

Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition

View Case Opinion

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