6 Steps to Excellent E-Discovery in Product Liability Litigation

The recent news that Johnson & Johnson has been ordered by a Texas jury to pay more than $1 billion to patients whose artificial hips had to be surgically removed was the latest attention-grabber in the world of product liability litigation. The verdict includes more than $30 million in actual damages for the six plaintiffs and more than $1 billion in punitive damages, the largest reported punitive award against […]

Preparing to Comply with the EU General Data Protection Regulation

Scenario – A multi-national manufacturing business has its headquarters in the United States but also has substantial manufacturing and research and development facilities in Europe. The US-based general counsel wants to be prepared to comply with the EU General Data Protection Regulations (“GDPR”).

The new GDPR will come into force throughout the European Union on May 25, 2018. The GDPR will replace existing data protection laws throughout Europe and introduce […]

Spoliation of Digital Evidence: New Rules, Same Problems

In the beginning, there was Zubulake. The series of opinions that put e-discovery on the legal map concerned a plaintiff suing UBS Warburg for gender discrimination. When the plaintiff received far less discovery than she reasonably expected to receive (less than she herself had maintained from her time as the defendant’s employee), she moved to compel production and, eventually, for spoliation sanctions. The court ordered that an “adverse inference” instruction be issued, compelling […]

Ethical E-Discovery and New Technologies

Keeping current on rapidly changing and expanding technologies can be a daunting task even for the most tech-savvy and experienced attorney. However, attorneys have an ethical obligation to familiarize themselves and be competent with technology and e-discovery. While most attorneys now recognize that discovery encompasses electronically stored information (ESI) like emails, new technologies require attorneys to expand […]

How Much Social Media Data Will the Court Compel?

In the updated rules in the FRCP regarding electronic discovery, the amount of data available can be overwhelming. In Scott v. United States Postal Service, et al., (Civil Action No. 15-712-BAJ-EWD.) United States District Court, M.D. Louisiana, December 27, 2016, the court narrowed the scope of the social media discovery requested by the defendant, United States Postal Service.

In June of 2014, Madeline Scott, the plaintiff, was injured in a car accident involving a US Postal […]

Practical ESI Lesson Concerning Non-Parties

January 2017 brought a series of decisions by motion courts in New York County Supreme Court concerning electronically stored information (ESI) discovery disputes with non-parties. Bank of N.Y. Mellon v. WMC Mtge., 1 2017 N.Y. Misc. LEXIS 222 (Sup. Ct. N.Y. Co. Jan. 18, 2017) (J. Kornreich) made clear a requesting party’s obligation to defray the ESI expenses on a non-party and, while requiring tailored ESI protocols to minimize cost, the expenses that would be paid by the requesting […]

Illinois Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule and the privacy concerns implicated in the request.  In Carlson v. Jerousek, 2016 IL App (2d) 151248, P4 (Ill. App. Ct. 2d Dist. 2016), defendants in a personal-injury case moved to compel discovery of “electronically retrievable […]