By Jay Yurkiw on 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
By Jay Yurkiw on As businesses move more applications and data to cloud services (e.g., Google Apps for Business, Salesforce.com, 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
By Jay Yurkiw on A federal court has ordered that “an instruction be given at trial to the jury that it may draw an adverse inference against Plaintiff for failing to preserve his Facebook account,” and for destroying evidence. See Gatto v. United Air Lines, Inc., No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909, slip op. at 11 (D.N.J. Mar. … Continue Reading
By Jay Yurkiw on 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
By Jay Yurkiw on 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
By Jay Yurkiw on In a recent decision, a court in the Southern District of Ohio denied a motion to compel the plaintiff in an employment discrimination action to give the defendants her user names and passwords for each of the social media sites she uses. In Howell v. The Buckeye Ranch, Case No. 2:11-cv-1014 (S. D. Ohio Oct. 1, … Continue Reading
By Jay Yurkiw on We recently prepared a summary of the top developments and trends in electronic discovery that came out of 2011. Given the evolving nature of this area of the law, understanding the key events from last year can help with this year’s e-discovery challenges. To see what made our list, click here. Among the highlights: "Computer-assisted … Continue Reading
By Jay Yurkiw on 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
By Jay Yurkiw on 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
