June 03, 2024 | New York Law Journal
Clone Discovery Must Meet Relevance, Proportionality, Particularity RequirementsDespite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.
By H. Christopher Boehning and Daniel J. Toal
8 minute read
February 05, 2024 | New York Law Journal
Federal Rule 37(e) Applies to Content and Metadata of ESISince 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule 37(e) also applies to its metadata. In a recent decision, where spoliated metadata would have provided details relevant to a party's claims, a court determined that it does.
By H. Christopher Boehning and Daniel J. Toal
8 minute read
June 05, 2023 | New York Law Journal
Relevancy Redactions Could Be Appropriate in Some Circumstances, Court FindsA discussion of the recent decision, Kaiser Aluminum Warrick, LLC v. US Magnesium LLC, which "helps move the law forward on the issue of relevancy redactions" and provides "much-needed guidance on a topic that has prompted many disagreements and motion practice."
By H. Christopher Boehning and Daniel J. Toal
9 minute read
February 06, 2023 | New York Law Journal
Rule 37(e) Absent in Decision Granting Harsh Sanction for ESI SpoliationSince the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
By H. Christopher Boehning and Daniel J. Toal
8 minute read
December 05, 2022 | New York Law Journal
Deletion of Slack Data Justifies Severe SanctionJust as we're all finally getting comfortable with managing email as the primary source of electronically stored information in discovery, courts are now increasingly addressing discovery disputes involving newer technologies like Slack.
By H. Christopher Boehning and Daniel J. Toal
8 minute read
October 03, 2022 | New York Law Journal
'Healthy Paws' Offers E-Discovery Practice RemindersA district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).
By H. Christopher Boehning and Daniel J. Toal
8 minute read
August 01, 2022 | New York Law Journal
Forensic Examination Rejected as Not ProportionalIn 'Tireboots v. Tiresocks', instead of submitting a request for production of certain materials, the requesting party asked to directly access the responding parties' systems through forensic examination. The court ultimately denied this request, finding it was not proportional to the needs of the case.
By H. Christopher Boehning and Daniel J. Toal
5 minute read
June 06, 2022 | New York Law Journal
Party Not Unreasonable in Limiting Text Message Search to Company DevicesIn a recent decision from the U.S. District Court for the Southern District of New York, a magistrate judge addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages—both on company devices and on personal devices. The decision provided some helpful guidance in this developing area of the law.
By H. Christopher Boehning and Daniel J. Toal
7 minute read
April 04, 2022 | New York Law Journal
Federal Rules Define Obligations of Discovery, ESI Protocols Set ContoursA recent decision from Magistrate Judge Katharine Parker of the Southern District of New York provides guidance concerning the appropriate interplay between ESI protocols and the Federal Rules of Civil Procedure.
By H. Christopher Boehning and Daniel J. Toal
8 minute read
January 31, 2022 | New York Law Journal
Courts Reject Speculative Requests for 'Discovery on Discovery'A recent set of cases demonstrates that judges are well aware of the dance between adversaries and have established a set of standards to determine when requests labeled "discovery on discovery" are appropriate.
By H. Christopher Boehning and Daniel J. Toal
7 minute read
Trending Stories