Overbroad Discovery Requests: Another “Fishing Expedition” Cut Short

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) We write about eDiscovery a lot here at IT-Lex, and one recurring theme really seems to stand out—put the time and thought into your discovery requests. This time around, it’s important to remember to be sufficiently specific in your requests for production. In a recent short...

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Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case

Network Cargo Systems USA, Inc. v. Pappas is a short eDiscovery opinion from Illinois earlier this month. The opinion’s first paragraph lays out some factual background: Plaintiff… (“Network”), alleges that defendant Caroline Pappas, a former employee, downloaded and destroyed files from its computer system...

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U.S. District Judge Issues Very Pro-Predictive Coding Opinion

May 23, 14 U.S. District Judge Issues Very Pro-Predictive Coding Opinion

Posted in Burden, eDiscovery, Search

Earlier this month, U.S. District Judge Baylson, from the Eastern District of Pennsylvania, issued an opinion that is likely to turn a few heads in the eDiscovery world. The case is In re Domestic Drywall Antitrust Litig., and early on, there’s an indication that this judge may be in favor of technology-assisted review:...

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Craig Ball Releases Draft Of ‘Lawyers’ Guide To Forms Of Production’

May 21, 14 Craig Ball Releases Draft Of ‘Lawyers’ Guide To Forms Of Production’

Posted in Burden, eDiscovery, Preservation, Search

IT-Lex Member and eDiscovery Hall of Famer Craig Ball recently released the first draft of his ‘Lawyers’ Guide to Forms of Production’. As regular readers of this site will know, this is a hot-button issue these days – just last week we posted about another case where form of production was central to the...

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Without Evidence Of Noncompliance, Trial Court Erred In Ordering Forensic Imaging

May 20, 14 Without Evidence Of Noncompliance, Trial Court Erred In Ordering Forensic Imaging

Posted in Burden, eDiscovery, Privilege, Spoliation

In Fasteners For Retail, Inc. v. DeJohn, the parties had a business dispute (causes of action included breach of confidentiality and unfair competition), and soon the eDiscovery gridlock began. Plaintiffs (FFR) sought “any relevant computer hard drives and electronic media”, defendants objected, the court ordered...

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Latest Form Of Production Case Mixes Tiffs And “Near Native” Files

May 15, 14 Latest Form Of Production Case Mixes Tiffs And “Near Native” Files

Posted in Burden, eDiscovery, Search

Another week, another case concerning form of production. This one, Equal Employment Opportunity Commission v. SVT, LLC  is from a district court in Indiana, and the recent order begins with a reminder that FRCP 34(b)(1)(C) allows the party requesting discovery to specify which format the ESI is produced. If no format is specified,...

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