Generally, the party producing discovery bears the costs of production. But, shifting to the non-producing party the costs of production is sometimes warranted. This issue was recently tackled by a Kansas District Court in the matter Lawson v. Spirit AeroSystems, 2020 WL 3288058 (D. Kan. June 18, 2020).
Background
Following his retirement from Spirit
When allegations of employee misconduct are alleged, companies must respond swiftly. Indeed, “insider threats” can cause significant damage to a company. These threats come in many different forms, including:
And so,
Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material, the party must:
(i) expressly make the claim; and
(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—
The Honorable Shira Scheindlin once opined against allowing custodians of ESI to collect their data stating “[s]earching for an answer on Google (or Westlaw or Lexis) is very different from searching for all responsive documents in the FOIA or e-discovery context…” and “most custodians cannot be ‘trusted’” to effectuate a legally sufficient collection. National Day
In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so, issuing timely a litigation hold notice is critical for preserving information relevant or potentially relevant to
Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process.
Aldinger, an employment discrimination case pending in the United States District Court for the Western District of New York, involved a series of discovery disputes including Plaintiff’s motion to compel Defendant to respond to her First
In the span of a few short months, the number of phishing attacks targeting smartphones as the entry point to enterprise networks has risen by more than a third. Indeed, one cybersecurity company found a 37% increase in mobile phishing attacks worldwide between November 2019 and early 2020.*
As previous blog posts have observed,
Smart speakers – like Google Home and Amazon Echo – have changed the way our homes/offices function. Indeed, these voice-activated speakers execute simple commands provided by voice or smartphone application. With nothing more than a question, one can direct the smart speaker to, among other things, play music and podcasts, provide a weather forecast, or
Give up? Each recently made headlines in connection with ransomware — a form of malware that encrypts a victim’s electronic files. The attacker then demands a ransom – typically payable in bitcoin – from the victim to restore access to the data upon payment.*
In fact, in the span of one week, the Texas
As we continue to conduct business virtually, non-traditional means of document execution are becoming increasingly popular. It is critical, however, to understand the laws and requirements associated with these non-traditional means so that a document that is electronically signed, or remotely notarized enjoys the same legal validity and effect as if signed, or attested to