A case out of the District of Minnesota recently addressed whether a party can be compelled to produce text messages from an employee’s personal mobile device when that party has a bring your own device (BYOD) policy in place. See In re Pork Antitrust Litig., 2022 WL 972401 (D. Minn. 2022).
This class
In Abbott Laboratories, et al., v Adelphia Supply USA (EDNY May 2, 2019), Plaintiffs filed a motion for case-ending sanctions against defendants H&H Wholesale Services, Inc., Howard Goldman, and Lori Goldman (for purposes of this blog, “Defendants”). The parties submitted briefing and Magistrate Judge Bloom held oral argument. On May 2, 2019, Judge Bloom
In In re Actos Antitrust Litigation, No. 1:13-cv-09244 (RA) (SDA), — F.R.D. —-, 2022 WL 949798 (S.D.N.Y. March 30, 2022), Defendant produced responsive emails using “threading,” to reduce volume. Plaintiff, however, had never agreed to the use of threading, and the parties’ electronically stored information (ESI) protocol was silent about utilizing threading. And so,
A recent decision from the Western District of Arkansas reminds litigators that: (1) claims of undue burden must be supported by more than just conclusory allegations of a purported burden; (2) parties should interpose all applicable objections in their formal written responses and objections or risk waiver; and (3) courts take seriously preservation obligations whether
When litigants think of proportional eDiscovery, often one’s focus is upon the financial burden of the requested discovery (broad search terms, restoring backup tapes, etc.) relative to the amount in controversy and/or the likelihood of unearthing unique, relevant content. In a recent decision, we were reminded that determining what is proportional is not merely a