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Auto-Exclusion: Undermining Your Own Case with Failed Disclosures
Discovery Rules with Teeth Here is a great rule with teeth: If you do not disclose ESI or documents under Federal Rule of Civil Procedure Rule 26(a), they are automatically excluded under Federal Rule...
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The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure...
Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of...
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If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)
In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the...
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Admissibility of Email Strings and Co-Conspirator Emails
The Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law. Whether or not such discovery is admissible is...
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Bow Tie Law 1st Anniversary
December 30, 2009 marks the first anniversary of “Bow Tie Law.” 2009 was a watershed year of case law, with litigation hold opinions coming up weekly this summer; the mandatory exclusion of ESI for...
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In the War of the Roses, It is Best to Change Your Email Password
Divorce is ugly. It can be uglier when your estranged spouse has the password to your email account. In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her...
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Surprise Videos & Initial Disclosures
A Defendant in an SEC case offered video exhibits for trial. The SEC objected, citing that the videos were not included in the Defendant’s Rule 26(a) initial disclosures and should be excluded under...
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Drop-by-Drop Water Torture Productions
There are judges who have a way with words when they want to make a point. One example of such judicial prose was by Magistrate Judge Gregory G. Hollows in Botell v. United States: At this juncture,...
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