When dealing with a lawsuit that inevitably will require the production of electronically stored information (“ESI”), one of the first things we (as counsel) have to do is figure out where that ESI resides. But how, exactly, does one begin to determine where responsive data exists? Well, consider the client’s data map.
Some of you may be thinking, what the
In Brown Jordan Int’l v. Carmicle, 2016 WL 815827 (S.D. Fla. Mar. 2, 2016) – a case previously written about on February 11, 2016 the Court was required to determine whether certain actions taken by Christopher Carmicle (“Carmicle”), a high-ranking employee running two subsidiaries of an international furniture company, warranted termination of his employment for cause. In particular
Continue Reading The Christopher Carmicle Case – The Hits Keep Coming!
In Gardner v. Continental Cas. Co., (2016 WL 155002 [D. Conn. Jan. 13, 2016]), the District Court was called upon to decide two different issues raised by Plaintiffs in a motion to compel. The case itself concerned the long term care insurance coverage for five Connecticut residents for stays at Connecticut Managed Residential Care (“MRC”) facilities. As is
It can hardly be denied that no lawyer wants to apply the wrong legal standard in papers or be criticized by the Judge before whom they are appearing. Regrettably, just that occurred in Henry v. Morgan’s Hotel Group, (15-cv-1789), and Magistrate Judge Cott (SDNY) was quick to point out defense counsel’s errors. In doing so, the Judge reminded all
Continue Reading Why Every Litigator Must Understand the New Federal Rules
Today’s post draws upon countless other recent articles and blogs and their respective predictions regarding, what’s in store for 2016 when it comes to e-discovery. I have tried to synthesize below, the steps that I believe every litigator should embrace for the coming year.
First, learn the new rules of civil procedure. The amended Federal Rules of Civil Procedure took
Last year we wrote about the Lola v. Skadden Arp case wherein contract attorney, David Lola, brought suit under the Fair Labor Standards Act (“FLSA”) for overtime pay. (See When Do Contract Attorneys “Practice Law”? and What Exactly is The Practice of Law). In or around December 16, 2015, the Lola case was settled and, on December 22, Judge
As most of those reading this are aware, companies/entities/agencies doing business in the US generally are not required to indefinitely preserve business records and information. However, those companies/entities/agencies must preserve relevant information when a lawsuit or an investigation is reasonably anticipated. This duty stems from both the common law duty to prevent spoliation of evidence and certain state and federal
The short answer is – maybe; if there is any possibility that the information contained on the phone may be relevant to the claim or defense of any party in the lawsuit.
In this action (Brown Jordan Int’l Inc. v. Carmicle, 2015 WL 6142885 (S.D. Fla. Oct. 19, 2015)), plaintiffs sued defendant in the United States District Court
Continue Reading Is Your Spouse’s Phone Subject to Production Under Federal Rule 45?
Mobile Telecomms. Techs., LLC, v. Samsung Telecomms. Am., LLC, 2015 WL 5719123, (E.D. Tex. Sept. 28, 2015)
In this patent infringement case, M-Tel contested a prior ruling by the District Court, which held that Samsung had not infringed upon patents owned by M-Tel. M-Tel claimed that Samsung was not the prevailing party as both the plaintiff and defendant won
In this case involving a motion to compel, the District Court addressed Defendants’ claim that emails stored on backup tapes were not reasonably accessible because of the undue burden and cost associated with retrieving them. Turning first to the question of “undue
