In Dale v. T-Mobile US, Inc. – a putative antitrust class action litigation – Magistrate Judge Jeffrey Cole resolved whether and to what extent confidentiality agreements between parties apply to productions nonparty recipients of subpoenas made.
Continue Reading Confidentiality Agreements Applied to Non-Party Recipients
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