Tag: NEWS & UPDATES

1
Facing Fines for Contempt, Twitter Produces Defendant’s Tweets
2
Da Silva Moore: Defendant Files Opposition to Plaintiffs’ Objection to Denial of Motion for Recusal or Disqualification
3
“Take it e-sy”
4
Supreme Court of Florida Adopts Amendments to Civil Rules to Address e-Discovery
5
Da Silva Moore: Plaintiffs Object to Denial of Motion for Recusal or Disqualification
6
Western District of Washington Publishes Proposed Amendments to Local Civil Rules, Seeks Comment
7
Early Case Assessment: A Litigation Arrow in an Arbitration Quiver
8
Da Silva Moore: Plaintiffs’ Motion for Recusal or Disqualification Denied
9
Seventh Circuit Electronic Discovery Pilot Program Issues Final Report on Phase Two
10
Pennsylvania Amends Rules to Incorporate Discovery of Electronically Stored Information

Facing Fines for Contempt, Twitter Produces Defendant’s Tweets

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 were arrested during an “Occupy Wall Street” protest after marching onto the Brooklyn Bridge.  Thereafter, the District Attorney sent a subpoena to Twitter seeking Mr. Harris’ user information and Tweets in an apparent effort to disprove his claims that he and other protesters were led onto the roadway by the police.  Initially, Mr. Harris sought to quash the subpoena, but his motion was denied by the court for lack of standing—the court found that he had no proprietary interest in the information sought and that his claimed privacy interest was “understandable” but “without merit.”  Twitter then sought to quash the subpoena itself, but that motion was also denied.  Twitter had argued that Mr. Harris (like all Twitter users) had standing to quash the subpoena and that the court’s decision to deny that standing placed an undue burden on Twitter where it would be forced to either respond to all subpoenas or to vindicate its users’ rights by moving to quash.

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Da Silva Moore: Defendant Files Opposition to Plaintiffs’ Objection to Denial of Motion for Recusal or Disqualification

On July 16, 2012, Defendant MSLGroup filed its Memorandum of Law in Opposition to Plaintiffs’ Rule 72(A) Objection to Magistrate Judge Peck’s June 15, 2012 Opinion and Order (which denied Plaintiffs’ Motion for Recusal or Disqualification).  The memorandum is available here.
 

“Take it e-sy”

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 their debate

First published by The Lawyer on July 16, 2012.

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

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 Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena).”

The court’s order, available below, provides both a short discussion of the relevant changes and the text of the new rules as adopted, including committee notes which, although not adopted as an official part of the rules, do provide valuable insight into their meaning and intended use.

A copy of the court’s order adopting the amendments is available here.

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

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/.)

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

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 the Federal Bar Association” and which parties could choose to adopt or modify for use in their case.

To access the proposed amendments and/or Model Protocol, click here.  Comments are encouraged and may be sent vial email to localrules@wawd.uscourts.govComments must be received no later than 5 PM on September 28, 2012.  Approved changes to the local rules will go into effect on December 1, 2012.

Early Case Assessment: A Litigation Arrow in an Arbitration Quiver

 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 Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

Early Case Assessment: A Litigation Arrow in an Arbitration Quiver

There is no question that dispute resolution procedures that are designed to be more efficient and less costly than traditional litigation, such as arbitration, can still be prohibitively expensive in some cases.  To deal with this issue there are a number of highly effective processes and tools, many developed in the context of large scale litigation, that can provide significant strategic advantage and cost savings to clients in arbitration, mediation and other dispute resolution procedures.

To access the full newsletter, including the rest of the article Early Case Assessment: A Litigation Arrow in an Arbitration Quiver, click here.

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

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 the use of electronic discovery,” and the Technology Subcommittee, which was “formed … to keep up with rapidly evolving technology and to further advance the bench’s and bar’s understanding and use of new technology in the electronic record retention and discovery field.”  A Web Site Subcommittee was also formed which was responsible for the creation of www.DiscoveryPilot.com, a valuable informational resource on the Pilot Program and related topics.  Phase Two also included a survey about the Pilot Program and its Principles, the results of which are shared in the Final Report.  Notably, according to the report’s Executive Summary, “[b]oth the Phase One and Phase Two surveys’ results show that in those cases in which the Principles had a perceived effect, those effects were overwhelmingly positive with respect to assisting attorneys’ cooperation and enhancing their ability to resolve disputes amicably, their ability to obtain relevant documents, and their ability to zealously represent their clients, as well as providing fairness to the process.”

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Pennsylvania Amends Rules to Incorporate Discovery of Electronically Stored Information

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 jurisprudence surrounding the discovery of electronically stored information.”  Instead, “[t]he treatment of such issues is to be determined by traditional principles of proportionality under Pennsylvania law . . . .”  The comment goes on to more fully discuss the “Proportionality Standard” and its application to electronic discovery, as well as “Tools for Addressing Electronically Stored Information,” including, for example, “sampling, cost sharing and non-waiver agreements.”

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