Rhoads decision first to apply FRE 502
Federal Rule of Evidence 502 was recently enacted to address the inadvertent waiver of privilege. Rhoads v. Building Materials Corp. of America, 2008 WL 4916026 (E.D. Pa. Nov.14, 2008) is the first...
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A practical tip for keyword searching
Wm. A. Gross Constr. Assocs. v. American Mfrs. Mutual Ins. Co., 2009 WL 724954 (S.D.N.Y. March 19, 2009). When the opening line of an ediscovery decision is: “This Opinion should serve as a wake-up...
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Fed. R. Civ. P. 1 used to limit Rule 30(b)(6) depositions addressing a...
Newman v. Borders, Inc., 2009 WL 931545 (D.D.C. April 6, 2009) In Newman v. Borders, Judge John Fasciola relied upon Rule 1 of the Federal Rules of Civil Procedure to limit a party’s request for an...
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Undue burden argument prompts court to shift the cost of reviewing documents...
In re Motor Fuel Temperature Sales Practices Litig., 2009 WL 959493 (D. Kan. April 3, 2009) In this multi-district litigation, plaintiffs brought claims against the defendants asserting various state...
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Conundrum of preserving backup tapes and inaccessible sources of information
Forest Laboratories, Inc. v. Caraco Pharmaceutical Laboratories, Ltd., 2009 WL 998 402 (E.D. Mich. April 14, 2009) By now, any attorney worth his or her salt knows that the federal rules have set up a...
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Concept Searching
(This is a guest post by Rich Turner, Vice President of Content Analyst Company, LLC) We hear a lot about “concept searching” and “advanced analytics” but very often, the definitions are confusing, and...
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Failing to take prompt reasonable steps once notified of an inadvertent...
United States v. Sensient Colors, Inc., 2009 WL 2905474 (D.N.J. Sept. 9, 2009) “You’re traveling through another dimension, a dimension not only of sight and sound, but of mind; a journey into a...
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Seventh Circuit’s Electronic Discovery Pilot Program
Recently, the Seventh Circuit announced its Electronic Discovery Pilot Program. The program was developed in response to continuing comments by the business community and practicing attorneys about the...
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