Recovery of discovery costs *

USA - June 28 2012
Federal courts remain divided on whether eDiscovery costs are recoverable under 28 U.S.C. § 1920.

Co-authors: Paul Flucke, Anna Lamut, Martin Geagan.

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Virginia State court approves use of predictive coding *

USA - June 28 2012
Following on the heels of Magistrate Judge Peck’s decision in Da Silva Moore v. Publicis Groupe SA, the court in Global Aerospace Inc. v. Landow Aviation, L.P., Consolidated Case No. CL 00061040-00 (Viriginia Circuit Court Loudoun County, April 23, 2012) (J. Chamblin), ordered that the defendants could use predictive coding for the processing and production of their electronic documents over the objection of the plaintiffs

Co-authors: Paul Flucke, Anna Lamut, Martin Geagan.

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Social media – cases *

USA - June 28 2012
In contrast to earlier decisions holding that Facebook postings are entitled to First Amendment protection, in Bland v. Roberts, --- F.Supp.2d ----, 2012 WL 1428198 (E.D. Va. Apr. 24, 2012), Judge Raymond A. Jackson held that simply “liking” a Facebook page does not constitute “speech” subject to constitutional protections.

Co-authors: Paul Flucke, Anna Lamut, Martin Geagan.

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ABA interim report on ESI in bankruptcy cases *

USA - June 28 2012
On March 15, 2012, the American Bar Association’s Electronic Discovery (ESI) in Bankruptcy Working Group (the “Working Group”) published an interim report addressing certain principles and suggested best practices for electronic discovery in bankruptcy cases (the “Interim Report”).

Co-authors: Paul Flucke, Anna Lamut, Martin Geagan.

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Search, retrieval and production *

USA - June 28 2012
Courts continue to monitor forensic collections of electronic files saved on home computers to avoid privacy violations and to prevent evidence tampering or destruction.

Co-authors: Paul Flucke, Anna Lamut, Martin Geagan.

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