A couple of weeks ago, we revisited the Apple v. Samsung case, which we covered so much last year, it had its own category in our annual case law review. On September 18, U.S. District Court Judge Lucy Koh granted Apple's motion for partial final judgment in the case that Apple lodged against Samsung in 2011, seemingly clearing the way for Apple to collect $548 million in damages from Samsung. But, on Friday, Samsung received an emergency stay on that order.
Around this time of year, EDRM members (like me) expect to convene for our semi-annual visit to St. Paul for the mid-year meeting. This year, EDRM has a twist on the mid-year meeting, which they’re now calling the “fall workshop”. There’s also a webinar today!
On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or privileged information. You may think that all you need to do is draw a black box over the affected text, but there’s actually a lot more to consider in order to ensure that you don’t inadvertently produce information that was intended to be redacted. Here are a some redaction failures and how to avoid them.
In United States ex rel Guardiola v. Renown Health, Nevada Magistrate Judge Valerie P. Cooke concluded that emails contained on backup tapes held by the defendants was not reasonably inaccessible due to undue cost and, even if the emails were reasonably inaccessible due to undue burden or undue cost, “good cause supports their discoverability”. Also, after an analysis of cost-shifting factors found only one factor favored cost-shifting of the production of emails to the relator, Judge Cooke ordered the defendant to bear the cost of restoration and production.
Even when you’ve been in the business for 25+ years, you sometimes encounter situations you can’t explain (at least initially). Here is a story about a document that I encountered yesterday that initially didn’t make sense to me. Thankfully, I’m extremely curious and ultimately figured it out (with some help). See if it will be obvious to you.
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