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New York Law Journal

New York Should Catch the Federal ESI Wave Before It's Too Late

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: New York's highest court was given an opportunity to take a careful look at the issues and promulgate instructive and helpful rules for the lower courts grappling with perplexing ESI questions. Unfortunately, the Court of Appeals squandered the opportunity, and simply accepted the standards originated in the federal courts in New York that have been expressly superseded by the new Federal Rules of Civil Procedure and that are likely to cause further confusion and regrettable results.
12 minute read

Legaltech News

Submit to an E-Discovery Competence Audit or Risk Extinction

Litigators can only restore clients' willingness to litigate if they invite and pass their clients' e-discovery competence audit.
5 minute read

The Legal Intelligencer

Pocono Mountain Reg'l Police Comm'n v. Coolbaugh Twp., PICS Case No. 15-1835 (C.P. Monroe Oct. 21, 2015) Williamson, J. (17 pages).

By | December 22, 2015
Counsel for a party was disqualified when it represented the opposing party in an investigation and production of a report that was being sought in discovery, which made the prior investigation substantially related to the current matter. Motion to disqualify counsel granted.
3 minute read

Texas Lawyer

Federal Judge Denies Motion to Compel Sandra Bland's Mom to Produce Medical Records

A Houston federal judge denied Waller County's motion to compel the mother of Sandra Bland to produce her daughter's medical and mental health records.
2 minute read

New York Law Journal

Defendant Denied Access to Plaintiff's Facebook Photos

A 4-1 panel of the Appellate Division, First Department, blocked access to most of a personal injury plaintiff's Facebook postings sought by the defendant, saying "unbridled disclosure of such information, based merely on speculation that some relevant information might be found, is the very type of 'fishing expedition' that cannot be countenanced."
3 minute read

Texas Lawyer

Eastern District of Texas Judge Issues Sanctions, May Lead to $50K in Attorney Fees

In a breach-of-contract dispute, a Sherman federal judge issued sanctions after determining that hospital acquisition companies had not followed discovery rules particular to the Eastern District of Texas.
3 minute read

New Jersey Law Journal

Wanted: Opinions on E-Discovery

By | December 18, 2015
A speaker at a judicial seminar pointed out that, except in the area of preservation and spoliation, there is a dearth of New Jersey cases providing guidance to attorneys and judges.
3 minute read

Law.com

E-Discovery Careers: 10 Notable Trends from the 2015 Year in Review

While counting down the year-end, take into account of top 10 notable trends in e-discovery for 2015, and what you need to do to survive and thrive in 2016 and beyond.
8 minute read

New York Law Journal

Majority Finds Panel 'Ignored' Arguments in Spoliation Case

The state's high court faulted an intermediate appellate ruling reversing a spoliation sanction, finding the lower court "all but ignored" arguments about the relevance of the electronically stored information, much of which was lost in computer crashes.
6 minute read

New Jersey Law Journal

7-Eleven Hit With Discovery Sanctions in NJ Franchise Case

A federal magistrate judge in Camden has sanctioned 7-Eleven Inc. for what he said were repeatedly deficient discovery responses in a case alleging the company unlawfully targeted South Jersey franchisees and owners for termination.
5 minute read

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