by Maureen O'NeillAugust 18, 2015
Last year the State Bar of California Standing Committee on Professional Responsibility and Conduct issued two draft opinions answering the question “What are an attorney’s ethical duties in the handling of discovery of electronically stored information?” After receiving public comment on the drafts, the Committee recently issued its final version, Formal Opinion No. 2015-193. Even a highly experienced attorney may need some assistance in certain litigation matters involving ESI.
by Maureen O'NeillAugust 3, 2015
E-Discovery finds itself in the headlines of the mainstream media again. This time, the general public gets a chance to learn about the discoverability of text messages—and the potential consequences of evidence spoliation—thanks to Tom Brady and the “deflategate” scandal. (For those of you who don’t follow sports, “deflategate” refers to allegations that the New England Patriot’s quarterback played with deliberately deflated footballs in the team’s victory over the Indianapolis Colts in the AFC Championship.)
by Maureen O'NeillJune 30, 2015
Legal commentators have been speculating about how the “Internet of Things” could generate a flood of new litigation. Some of that speculation recently became reality, when plaintiffs filed a class action against a group of automakers, alleging that they sold unsafe cars because their internet connectivity creates vulnerability to hackers.
by Maureen O'NeillJune 24, 2015
Ah, summertime . . . Colleagues and friends are heading to the beach, gathering up their summer reading collection. But right now I’m not focused on page-turning thrillers or rom-com novels. Instead, I’m thinking about data security and privacy. I’m exploring the factors that heighten the risk of a data breach, the staggering impact a breach can have on an organization, and how companies can minimize their risk of a breach.
by Maureen O'NeillMay 27, 2015
Not So Fast: The Sixth Circuit Rejects Race Tires, and Adopts a More Liberal Approach to Taxing E-Discovery Costs to the Losing Party
Federal Rule of Civil Procedure 54(d)(1) provides that costs incurred by the prevailing party may be taxed against the losing party. In turn, 28 U.S.C. § 1920 itemizes the allowable expenses that may be taxed, permitting recovery of “[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case.” 28 U.S.C. § 1920(4). Over the years, federal courts have grappled with the question of how to interpret “the costs of making copies” in the digital age.