Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation. Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations. Baylor and Pepper Hamilton agreed […]Read more "Baylor Case: Public Statements Can Waive Privilege"
By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts. The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost. The factors are: Likely benefit of requested discovery; Needs of the case; […]Read more "Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes"
A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
In August 2016, a jury convicted Pacific Gas & Electric (“PG&E”) of five counts of record keeping violations, and one count of obstructing an agency investigation. The judge has now sentenced PG&E, assessing the maximum fine of $3 million and setting some severe probation terms. Complying with those terms will more than double the economic […]Read more "Probation Terms Increase the Pain to Convicted PG&E"
In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.” This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]Read more "Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)"
The rules that govern civil litigation in federal courts require parties to produce potentially relevant documents (including electronically stored information or “ESI”) that are in the party’s “possession, custody, or control.” The rules do not define “possession, custody, or control,” although that phrase can apply to massive amounts of data, especially now that potentially relevant […]Read more "Scope of Duty to Produce Documents May Depend on Your Legal Rights: Do You Know Them?"