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Archives: Electronic Discovery

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Court relies on proportionality to deny inspection of defendant’s computers, cell phones and email accounts

Earlier this year, we wrote about a decision in which a federal district court rejected a proportionality argument and ordered the production of a defendant’s entire database because the information in the database was highly relevant to the plaintiff’s trademark infringement claim. Another federal district court recently came out differently in a trade secret misappropriation … Continue Reading

Benchbook for U.S. District Court judges adds new section on e-discovery and jury instructions for jurors’ use of social media and electronic devices

The Federal Judicial Center recently published the Sixth Edition of the Benchbook for U.S. District Court Judges. For the first time, the Benchbook includes a section on civil case management, including how to address e-discovery issues. The Benchbook also adds new jury instructions regarding the use of social media and electronic devices by jurors during … Continue Reading

Don’t forget about e-discovery when moving to the cloud

As businesses move more applications and data to cloud services (e.g., Google Apps for Business,, Amazon S3, etc.), they inevitably are going to find themselves in litigation with the need to retrieve electronically stored information (ESI) from the cloud to comply with their e-discovery obligations. While the risks of e-discovery likely will not keep … Continue Reading

$12.4 million in fees awarded for patent and trade secret claims brought in bad faith, including fees for “computer-assisted algorithm-driven document review”

A federal district court recently awarded more than $12.4 million in attorneys’ fees to the defendants as “prevailing parties” based on its finding that the plaintiffs had pursued objectively baseless patent and trade secret misappropriation claims in bad faith. [See Gabriel Technologies Corp. v. Qualcomm Inc., No. 08 CV 1992, 2013 U.S. Dist. LEXIS 14105 … Continue Reading

Top 10 E-Discovery Developments and Trends in 2012

1. Federal and State Courts Issued Decisions Approving the Use of “Computer-Assisted Review” AKA “Predictive Coding” or “Technology-Assisted Review.” Last year, numerous e-discovery commentators and vendors published articles and on-line resources and held seminars explaining how “computer-assisted review” (also known as “predictive coding” or “technology-assisted review”) works and discussing the expected benefits of using computer-assisted … Continue Reading

Federal Court Approves Use of “Computer-Assisted Review” to Find and Produce Relevant ESI in Discovery

In the first-known judicial opinion in which a court has recognized that the use of computer-assisted review is an acceptable way to search for relevant electronically stored information (ESI) in appropriate cases, Magistrate Judge Andrew J. Peck of the United States District Court for the Southern District of New York issued an opinion on Friday … Continue Reading

The Sedona Conference® Publishes International Principles on Discovery, Disclosure & Data Protection

The Sedona Conference® recently published the International Principles on Discovery, Disclosure & Data Protection (“International Principles”) through its Working Group 6 on International Electronic Information Management, Discovery and Disclosure. The Sedona Conference® launched Working Group 6 in 2005 to bring the most experienced attorneys, judges, privacy and compliance officers, technology-thought leaders, and academics from around the … Continue Reading