Legal issues, news and best practices relating to the discovery of electronically stored information.
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.
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
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.
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,
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
Key Insight: Privilege waived after failure to provide sufficient descriptions on privilege log
Nature of Case: Securities Fraud
Electronic Data Involved: E-mails
Keywords: Privilege log, waiver
Key Insight: search terms, proportionality
Nature of Case: employment discrimination
Electronic Data Involved: electronic records
Keywords: search terms, boolean connectors
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: primarily/predominantly legal
Nature of Case: Patent Dispute
Electronic Data Involved: PowerPoint Slide Presentation
Keywords: in-house counsel
Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.
Nature of Case: 1983 Civil Rights Act claim
Electronic Data Involved: unspecified ESI
Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”
Identified Local Court Rule(s): E.D. Cal. R. 251(b)
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