Analytic eCertainty


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July 19th, 2018

Court Declines to Impose Spoliation Sanctions Where Yahoo! Deleted Defendant’s Emails

July 6th, 2018

Judge Orders Production of Cell Phone Records in Golden State Case

July 4th, 2018

Court Rules that Failing to Review Documents for Responsiveness Violates FRCP

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    Posted on April 7th, 2014 by

    Federal Housing Finance Agency v. HBSC North America Holdings Inc., et al., Case 1:11-cv-06189-DLC (S.D.N.Y. February 14, 2014) is an order regarding consolidated cases in New York where Plaintiff FHFA is suing multiple defendant banks, including Bank of America. As background, there was a similar action taking place in California that involved Countrywide (a subsidiary …

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    • Analytic eCertainty

    Posted on March 7th, 2014 by

    Though public comments to the proposed amendments to the Federal Rules of Civil Procedure are now closed, plaintiff trial attorneys are still examining how the changes will affect current discovery procedures. Having thoroughly reviewed and discussed the controversy of Rule 37(e), we now turn our attention to Rule 16(b). Changes to Rule 16(b) are explained by …

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    • Analytic eCertainty

    Posted on December 11th, 2013 by

    In Saliga v. Chemtura Corporation, No. 3:12cv832 (RNC) (Dist. Court, D. Connecticut Nov. 25, 2013), plaintiff Saliga brought suit against defendant Chemtura, alleging racial, gender and religious discrimination by her former employer. Every effort by the parties to agree on an electronic document production structure in Rule 26(f) conferences failed, so the court now recognizes …

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    • Analytic eCertainty

    Posted on November 15th, 2013 by

    Can metadata steer parties in the wrong direction, or offer information that can be misconstrued or interpreted in the wrong way? This was a question in the case HSBC Bank USA v. Santana Cline, et al., Civil Action No. 2:13-cv-00978 (S.D. Ohio October 25, 2013), where defendants alleged attorney misconduct arising from metadata in the …

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    • Analytic eCertainty

    Posted on November 6th, 2013 by

    In Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762 (N.D.Cal. October 1, 2013), plaintiff electronic discovery requests were sent and defendant responded by producing 28,786 documents on the discovery due date of August 20. After the deadline, defendants then produced 100,692 documents three weeks later, then 99,778 more a month after. All …

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