Leonard Deutchman

March 29, 2018 | The Legal Intelligencer

In Klipsch, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York's order that even though “the likely valuation of actual damages” caused by the defendant's discovery violations was $25,000, the defendant additionally had to pay the plaintiff a total of $5 million as “compensation” for “discovery efforts” the plaintiff had to take solely because of the defendant's misconduct, as well as for “restraint … appropriate to secure” the plaintiff's “likely recovery of treble damages and attorney fees at the conclusion of the case.”

By Leonard Deutchman

10 minute read

February 22, 2018 | The Legal Intelligencer

In Klipsch Group v. ePRO E-Commerce, No. 16-3637-cvNo. 16-3726-cv (2d Cir. Jan. 25), the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York's order that “the likely valuation of actual damages” in the matter was “$25,000,” the defendant had to pay the plaintiff $2.68 million as “compensation” for “additional discovery efforts” the plaintiff had to take because of the defendant's misconduct.

By Leonard Deutchman

15 minute read

January 11, 2018 | The Legal Intelligencer

Editor's note: This is the second in a two-part series.Last week, I discussed Winfield v. New York, 15-CV-05236 (S.D.N.Y. Nov. 27, 2017), where…

By Leonard Deutchman

13 minute read

January 04, 2018 | The Legal Intelligencer

In Winfield v. New York, 15-CV-05236 (S.D.N.Y. Nov. 27, 2017), Magistrate Judge Katharine H. Parker ruled on the plaintiffs' claims that the defendant did not properly produce e-discovery. The opinion is, paradoxically, interesting because it is boring.

By Leonard Deutchman

11 minute read

November 30, 2017 | The Legal Intelligencer

I spend most of my work week writing, reviewing, discussing and executing contracts between my company and clients, and have pretty much done so since 2005. In those 12 years, the contracts I typically receive from clients, as well as our contract template, have changed considerably, for a number of reasons: the parties better understand both that many choices can be made in drafting contracts and the consequences of those choices, and the number and shape of factors involved in such contracts has grown as e-discovery has.

By Leonard Deutchman

30 minute read

October 26, 2017 | The Legal Intelligencer

A recent opinion demonstrates how, when deciding e-discovery matters, common sense may be far more important than a mastery of esoteric knowledge regarding computers.

By Leonard Deutchman

26 minute read

October 05, 2017 | The Legal Intelligencer

The court found that the defendant's failure to produce e-discovery within the court's timetable was without justification, and that the defendant's attempts to justify its actions to the plaintiff and the court were "obfuscation," yet it imposed only limited sanctions upon the defendant under Federal Rule of Civil Procedure 37(b), specifically refusing to impose punitive sanctions. In this article, I will explore how prevalent the court's reasoning is and the consequences to litigation.

By Leonard Deutchman

7 minute read

September 28, 2017 | The Legal Intelligencer

In Bird v. Wells Fargo Bank, No.1:
16-cv-01130-DAD-EPG (E.D.Cal. July 20), while the court found that the defendant's failure to produce e-discovery within the court's timetable was without justification, and that defendant's attempts to justify its actions to the plaintiff and the court were "obfuscation," it imposed only limited sanctions upon the defendant under Federal Rule of Civil Procedure 37(b), specifically refusing to impose punitive sanctions. In this article, I explore the court's reasoning and discuss how prevalent that reasoning is and what the consequences to litigation that reasoning has.

By Leonard Deutchman

7 minute read

September 07, 2017 | The Legal Intelligencer

The application of federal search warrants issued under the Stored Communications Act has become increasingly problematic as more entities store some or all of their data outside of the United States, even if those entities can readily access that data within the United States.

By Leonard Deutchman

11 minute read

August 03, 2017 | The Legal Intelligencer

In last week's column, I discussed United States v. Stimler, No. 15-4053 (Third Cir. July 7), in which the U.S. Court of Appeals for the Third Circuit held that defendant Jay Goldstein's Fourth Amendment rights were not violated when the magistrate issued an order under the Stored Communications Act, 18 U.S.C. Section 2703(d) (SCA), compelling AT&T to provide to the government historic cell site location information (CSLI) generated by Goldstein's phone.

By Leonard Deutchman

17 minute read