“Duty to preserve” may include “duty to recover” *

USA - March 22 2013
A company's duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the…

Co-authors: Kenneth J. Treece .

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Cost-shifting mandatory when non-party subpoena cost of compliance is “significant” *

USA - November 27 2012
In United States v Blue Cross Blue Shield of Michigan, the U.S. Department of Justice (DOJ) filed suit against Blue Cross alleging violations of federal antitrust laws.

Co-authors: Kenneth J. Treece .

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Auditing document productions via third-party subpoenas *

USA - October 15 2012
In Parsi v Daioleslam, the plaintiffs, Parsi and the National Iranian American Council (NIAC), sued Daioleslam for defamation and portrayal in a false light. 

Co-authors: Phillip M. Shane.

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New FTC rules address electronically stored information and privilege issues *

USA - October 1 2012
The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012

Co-authors: Kenneth J. Treece .

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Self collecting search strategy may be discoverable *

USA - September 11 2012
In S2 Automation v Micron Technology, Mircron served S2 with interrogatories and document requests that became the subject of Micron's motion to compel.

Co-authors: Kenneth J. Treece .

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