Leonard Deutchman

November 11, 2011 | Legaltech News

Attorney Leonard Deutchman reviews a recent Southern District of New York case, Pippins v. KPMG, where more ESI cooperation could have led to different results for the defendant.

By Leonard Deutchman

15 minute read

November 11, 2011 | Corporate Counsel

In the recent matter of Pippins v. KPMG in U.S. District Court for the Southern District of New York, Magistrate Judge James L. Cott denied the defendant's motion to preserve a sampling of only 100 hard drives which could contain relevant data, as opposed to the 2,500 hard drives the defendant had been preserving and an additional 6,500 it might have to preserve.

By Leonard Deutchman

15 minute read

April 09, 2013 | The Legal Intelligencer

In the past year, I attended two high-level e-discovery conferences at which participants spoke of living in a "bubble," by which they meant a world where the e-discovery experts discussed the ramifications of new search and review technologies (think "predictive coding") or debated the implications of recent case law, without regard for the fact that most e-discovery matters do not involve millions of files or that, perhaps most importantly, most lawyers still have virtually no background in nor understanding of e-discovery.

By Leonard Deutchman

10 minute read

May 10, 2011 | The Legal Intelligencer

To address the proliferation of e-discovery litigation, the Civil Procedure Rules Committee of the Supreme Court of Pennsylvania has announced a series of proposed changes.

By Leonard Deutchman

11 minute read

June 04, 2013 | The Legal Intelligencer

In Yoder & Frey Auctioneers v. EquipmentFacts, the district court denied the defendant's motions both for summary judgment and in limine.

By Leonard Deutchman

10 minute read

September 21, 2009 | The Legal Intelligencer

Expert testimony has always been required to introduce digital forensics evidence and it is increasingly being demanded in e-discovery matters.

By Leonard Deutchman

10 minute read

August 14, 2012 | The Legal Intelligencer

In Schatzki v. Weiser Capital Management, No. 1:10-cv-04685-RWS-DCF, 2012 U.S. Dist. LEXIS 92442 (S.D.N.Y. July 3, 2012), the U.S. District Court for the Southern District of New York held that a complaint under the Computer Fraud and Abuse Act, 18 USCS §§1030 et seq., could not be sustained, when the plaintiff alleged that the defendant had copied data without or in excess of authorization, because the losses sustained through such copying did not satisfy the definitions of "damages" and "loss" found, respectively, in Sections 1030(e)(8) and (11) of the CFAA.

By Leonard Deutchman

11 minute read

November 08, 2011 | The Legal Intelligencer

In the recent matter of Pippins v. KPMG in U.S. District Court for the Southern District of New York, Magistrate Judge James L. Cott denied the defendant's motion to preserve a sampling of only 100 hard drives which could contain relevant data, as opposed to the 2,500 hard drives the defendant had been preserving and an additional 6,500 it might have to preserve at the cost of, according to the defendant, over $1,500,000.

By Leonard Deutchman

16 minute read

November 27, 2012 | The Legal Intelligencer

In FTC v. Boehringer Ingelheim Pharmaceuticals, U.S. Magistrate Judge John M. Facciola of the District of Columbia, well-known and respected for his opinions regarding e-discovery matters, held that responding to the FTC's administrative subpoena would not be overly burdensome even though it involved the search of backup tapes.

By Leonard Deutchman

12 minute read

January 11, 2011 | The Legal Intelligencer

In Jannx Medical Systems Inc. v. Methodist Hospitals Inc., a November decision from U.S. Magistrate Judge for the Northern District of Indiana Paul R. Cherry, the plaintiff in the case produced electronically stored information to the defendants in PDF form.

By Leonard Deutchman

11 minute read