UPS avoids undue burden in Solo v. UPS eDiscovery case

Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017).

The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel, finding it not proportional in light of the “undue burden” on the defendant, UPS, of restoring archived data from backup tapes. The court also ordered the parties to either use the defendant’s proposed sampling method or to “devise a mutually agreeable methodology […]

Seriously, Folks, the Federal Rules Have Changed

It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new standards. This was made abundantly clear by U.S. Magistrate Judge Andrew Peck of the U.S. District Court of the Southern District of New York. He took the defendants to school on the form of their objections to requests for production in Fischer v. Forrest, 14 Civ. 1304-PAE-AJP, […]

Deleted Data in Civil Litigation

Deleted Data
Are you Using it?

Purpose: This paper will describe the steps that one would need to take to preserve, analyze and present findings regarding deleted data. It is meant to inform both attorney and client on the need for deleted data in cases.
Disclaimer: I am not a lawyer. This writing is not meant to be legal advice on any case, rather it is meant to inform the attorney and the client about the use […]

Nine Things Every Attorney Should Know to Be Competent in eDiscovery

We all know a partner, mentor, colleague, or adversary who brashly denounces all-things-tech while clinging tightly to a bygone era of wired telephones and paper documents: the kind of legal professional who breathes life into the old cliché about attorneys attending law school to avoid math and science. We get it. Keeping up with technology in the digital age can be downright daunting. Even for those of us who are comfortable navigating our laptops, cellphones, and tablets, it can be difficult […]

What Are Your Clients Really Saying About eDiscovery?

Lawyers offer a lot of lip service to how earnestly they “listen to the client.” And it’s not entirely untrue. Obviously, Biglaw will take to heart any complaint raised by the folks paying the bills. On the other hand, how often do firms seek out input from clients? Because if lawyers aren’t proactive, they can miss what concerns clients the most. And blindspots are even more likely with tasks that are the historical domain of lawyers — work that outside counsel has performed, and excelled […]

Protecting Information on Cloud-Based File Sharing Services

A company is in the process of setting up a cloud-based file sharing service. The general counsel is concerned about, among other things, protecting unauthorized access to confidential and privileged materials she and others intend to post to the site. She has sought advice from the company’s outside counsel for advice on best practices for setting up and operating cloud-based document sharing services to protect the materials posted to such sites from inadvertent access.

Cloud-Based […]

Nikola Tesla Invented E-Discovery Technology in 1938

In a stunning discovery earlier this year, a journal belonging to famed inventor Nikola Tesla was discovered when custodial staff were cleaning out the basement at the New Yorker Hotel, Tesla’s residence from 1934 until his death in 1943. The journal contains Tesla’s notes on many ideas he was concocting during that time-period, though most were already well-known, having been announced during his annual birthday press conferences. But one entry, dated April 1st, 1938, revealed […]

Internet of Things, Social Media Becoming Part of E-Discovery Landscape

The days when e-discovery consisted of handing over copies of e-mails to address Freedom of Information Act (FOIA) requests, compliance regulations or other legal obligations are over. Now, it’s just as likely that the process of discovery will also entail coming up with relevant presentations, text messages, social media posts and Internet of Things data, according to a new research report on the topic of e-discovery.

As author Osterman Research stated in the report, six in 10 managers […]