516-227-0700

e-Discovery

Creatively, efficiently, and cost-effectively assisting clients and law firms with all aspects of electronic discovery, information governance, cybersecurity, and litigation readiness and planning.

Electronically stored information (ESI) is the lifeblood of most businesses today. From cloud computing resources and data storage to emails and information governance, companies rely on electronic information to conduct, record, and drive their business transactions.

At the same time, courts are becoming increasingly stringent in their requirements to preserve and produce ESI during the discovery phase of litigation. Businesses must, therefore, carefully manage where and how electronic information is stored and establish information governance programs that position the company to readily and affordably comply with potential litigation discovery obligations, privacy obligations, and data security expectations.

If not properly controlled, e-discovery’s costs, burdens, and risks can overshadow the substantive issues involved in litigation or government investigations. Recognizing the overwhelming risks that come with the mismanagement of ESI, Farrell Fritz devotes a substantial amount of attention to assisting clients in all aspects of e-discovery.

Comprehensive, Cost-Effective Approach

Farrell Fritz offers clients an array of services, including litigation readiness planning and all aspects of e-discovery and information governance, as well as litigation support, including motion practice and trials.

Litigation Readiness

Companies often overlook the importance of putting proper procedures and protocols in place prior to becoming involved in a litigation and/or investigation. Farrell Fritz can work with clients to design response plans for litigation, government or regulatory investigations that are tailored to their business, records, and litigation needs.

Best Practice e-Discovery Protocols

There are ample cases involving sanctions and “adverse inference” instructions levied against companies and their counsel for failing to adequately preserve and produce potentially relevant ESI. Companies face dangers associated with both the over- and under-preservation of data. Realizing the expense and burden that is associated with e-discovery, our attorneys design client-specific “best practice” protocols to protect clients from these pitfalls. In cases where Farrell Fritz is not primary litigation counsel, attorneys with the firm can serve as special discovery counsel to assist other law firms and their clients in achieving quality, cost savings, and consistency in their discovery practices.

Our attorneys take a reasonable and targeted approach that ensures clients preserve sources of relevant information while minimizing costs and business interruption. We use industry-leading technologies provided through outside vendors along with internal resources to provide tailored, proportionate, and defensible preservation processes.

We counsel clients and their primary counsel on litigation-related issues such as:

  • Developing defensible record retention and collection plans
  • Processing, reviewing, and analyzing electronic and hard copy data
  • Production of e-data
  • Responding to written discovery and motion practice

Our depth of knowledge allows us to tailor our approach to the specific needs of each individual matter. We leverage our relationships with industry leading third-party e-discovery vendors to ensure our clients receive the most responsive, cost-effective, and productive e-discovery solutions. This customized approach results in increased efficiency and significant cost savings for our clients.

View eDiscovery PDF

Professionals

Kathryn C. Cole

Commercial Litigation

Partner
Uniondale

Aaron E. Zerykier

Construction

Partner
Uniondale

Recent Blog Posts

A Lawyer’s Obligation to be Technologically Competent – Part 4

This is the 4th and final blog in a multi-part blog discussing various critical requirements that can serve as the…

February 13, 2019

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February 13, 2019

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A Lawyer’s Obligation to be Technologically Competent – Part 3

This is Part 3 in a multi-part blog discussing various critical requirements that can serve as the road map to…

February 01, 2019

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February 01, 2019

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A Lawyer’s Obligation to be Technologically Competent – Part 2

This is Part 2 in a multi-part blog discussing various core requirements that can serve as the road map to…

January 16, 2019

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January 16, 2019

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A Lawyer’s Obligation to be Technologically Competent – Part I

The role of electronically stored information (“ESI”) and new technologies has grown tremendously in recent years.  This growth has a…

January 02, 2019

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January 02, 2019

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The Rule 26 Conference: Necessary Evil or Critical for Streamlined and Efficient Discovery?

Often viewed as a necessary evil, the Rule 26(f) conference can serve as an invaluable opportunity to meaningfully discuss discovery…

December 26, 2018

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December 26, 2018

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Court Dismisses Plaintiff’s Complaint As Sanction for Doctored Emails

On August 1, 2018, Judge Beetlestone (E.D. Pa.) granted Defendants’ motion for sanctions based upon unequivocal evidence that Plaintiffs manipulated…

November 07, 2018

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November 07, 2018

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The Risks of Social Media in Litigation

It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated…

October 10, 2018

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October 10, 2018

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The Dangers of Counsel Not Being Active Participant in the Discovery Process

Angela Lawrence (“Lawrence”) was a plaintiff in a civil rights action that alleged officers of the New York City Police…

September 26, 2018

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September 26, 2018

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The Perils of Self-Collection

“Self-collection” refers to the situation in which the custodians of information potentially relevant to a legal proceeding undertake to identify…

September 13, 2018

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September 13, 2018

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Important Update for Those Who Practice in the Commercial Division of the NYS Supreme Courts

On October 1, 2018, a new Rule (specifically, a new subdivision to existing Rule 11-e) of the Commercial Division Rules,…

August 22, 2018

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August 22, 2018

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Rule 45’s Geographic Restrictions Do Not Apply to the Production of Electronically Stored Information

In a recent decision out of Oklahoma (Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C [W.D. Okla. June 13, 2018]),…

August 08, 2018

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August 08, 2018

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Ethical Information Gathering When Using Social Media

The American Bar Association Ethics 20/20 Commission and Rule 1.1 provide that a lawyer’s duty of competence “[t]o maintain the…

July 18, 2018

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July 18, 2018

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Developing Effective Key Words is an Iterative and Thought Intensive Process

In my December 2016 blog post, I wrote about how developing effective key words is very much an iterative and…

June 27, 2018

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June 27, 2018

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Is Mandatory Technology Training For Lawyers Headed to New York?

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers…

June 13, 2018

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June 13, 2018

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Consider Document Clustering to Increase Efficiency and Accuracy in Review Projects

When tasked with a document review project, there are various analytic tools available to streamline the process in order to…

May 30, 2018

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May 30, 2018

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Email Threading: Another Analytic Tool Available to Promote Efficiency In a Document Review Project

The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work…

May 16, 2018

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May 16, 2018

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What Can A Litigator Do When There are Hundreds of Thousands of Documents to Review in a Short Period of Time, and a Strict Litigation Budget is in Place?

Traditional document review can be one of the most variable and expensive aspects of the discovery process.  The good news…

April 26, 2018

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April 26, 2018

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Due Diligence When Selecting a Vendor

When faced with the task of collecting, processing, reviewing and producing digital data, law firms (and clients) often retain outside…

April 11, 2018

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April 11, 2018

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Document Preservation: Why Precision and Recall Matter

When one preserves and collects electronic data for a litigation, one typically casts a broad net.  This, in turn, can result…

March 28, 2018

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March 28, 2018

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Is a $2.7 Million Dollar E-Discovery Sanction Appropriate In a Lawsuit Valued at $20,000? The Second Circuit Says, Yes.

In 2012, Klipsch Group Inc. (“Klipsch”), a manufacturer of sound equipment, filed a complaint against ePRO E-Commerce Ltd. (“ePRO”), alleging…

March 14, 2018

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March 14, 2018

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Texter Beware: Emojis As Evidence

Imagine if the above emojis, casually fired off in a text message (or in an Instagram or Facebook post) to…

February 28, 2018

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February 28, 2018

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A Cooperative Discovery Process Promotes Efficient Advocacy

In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal…

February 14, 2018

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February 14, 2018

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What is Predictive Coding and Should I Think About Using It?

You are involved in litigation and faced with a document review need, what now? Naturally you need to find attorneys…

January 31, 2018

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January 31, 2018

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The Perks and Perils of Self-Destructing Messages

What do applications like Snapchat, Telegram, Wickr, Cover Me, Speak On, and Whisper have in common? They are all self-destructing…

January 17, 2018

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January 17, 2018

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When Are Redactions Based Upon Relevance (or, a Lack Thereof) Permissible?

In IDC Financial Publishing, Inc. v. Bonddesk Group, LLC (15-cv-1085-pp, 2017 WL 4863202 (E.D. Wis. Oct. 26, 2017)), the Eastern…

December 20, 2017

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December 20, 2017

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The New Rules of Federal Evidence Have Arrived

Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could…

December 06, 2017

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December 06, 2017

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If Evidence in its Original Form Is No Longer Available – But a Copy of that Evidence Is – Are Spoliation Sanctions Appropriate?

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs –…

November 22, 2017

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November 22, 2017

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Cooperation and Competence are Critical, Concludes One Court

United States v. New Mexico State Univ., No. 1:16-cv-00911-JAP-LF, 2017 WL 4386358 (D.N.M. Sept. 29, 2017) This case, which arises…

November 08, 2017

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November 08, 2017

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Litigation Hold Notices Should Not Cloak the Recipient With Discretion Over What Documents to Preserve

In past blogs, I have discussed the importance of issuing a litigation hold notice (“Hold”), as soon as a litigation is reasonably…

October 25, 2017

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October 25, 2017

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In the SDNY, a Party Is Sanctioned for the Preservation Failures of a Third-Party

Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS), 2017 WL 3721777 (S.D.N.Y. Aug. 28, 2017)   In…

October 11, 2017

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October 11, 2017

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Oops I Did It Again — Court Rules that Two Separate Productions of the Same Privileged Materials Was Completely Reckless

Despite the existence of a stipulated clawback agreement (that was never presented to the Court to be So Ordered) that…

September 25, 2017

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September 25, 2017

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Practical Tips For an Effective Litigation Hold Notice

I recently wrote about the importance of styling one’s litigation hold in a broad, but sufficiently specific way (See, “Your…

September 11, 2017

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September 11, 2017

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Because the Court Concluded Plaintiff’s Counsel Failed to Engage in Meaningful Meet and Confer, Court Orders Counsel (not the Plaintiff) to Bear the Costs of Production

In this single-plaintiff employment discrimination case (Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)),…

August 30, 2017

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August 30, 2017

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Your Litigation Hold Must be Generally Broad And Specifically Tailored

In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), Magistrate Judge Robert B. Jones, Jr., denied Plaintiff…

August 16, 2017

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August 16, 2017

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Taylor Swift and the Java-Dump: An E-Discovery Tale

Mueller v. Swift, (D. Col. 2017) 2017 WL 2362137 Some opinions just have it all, and Mueller v. Swift does…

August 02, 2017

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August 02, 2017

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The Seven Commandments of Proportionality in ESI*

In In Re State Farm Lloyds, (Texas Supreme Court [May 26, 2017] 2017 WL 2323099), the Supreme Court of Texas…

July 19, 2017

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July 19, 2017

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Surreptitious Cyber-Conduct results in New York County Decision Striking Defendant’s Answer

In a decision dated May 26, 2017, Justice Chan of the Supreme Court of the State of New York, New…

July 05, 2017

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July 05, 2017

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Just When You Thought It Was Safe To Use Your Company Computer*

In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held…

June 21, 2017

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June 21, 2017

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A Federal Court’s Award of Attorneys’ Fees As a Sanction for Bad-Faith Conduct Cannot be Punitive

Most practitioners are familiar with the federal sanction powers as codified in the Federal Rules of Civil Procedure (i.e., Rules…

June 07, 2017

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June 07, 2017

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An Attorney Acting ‘With a Pure Heart and An Empty Head’ is Sanctioned for Spoliating Emails

According to the Complaint filed in Michael Distefano and Nicole Distefano v Law Offices of Barbara H. Katsos, PC and…

May 24, 2017

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May 24, 2017

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Court’s Inherent Sanction Powers – Not Rule 37(e) – Govern when Relevant Information (ESI included) is Intentionally Deleted

In Hsueh v. N.Y. State Dep’t of Fin. Servs., (No. 15 Civ. 3401 [PAC], 2017 WL 1194706 [S.D.N.Y. Mar. 31,…

April 26, 2017

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April 26, 2017

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Rule 26 and How It Applies to Electronically Stored Information

Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information…

April 12, 2017

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April 12, 2017

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File Sharing Sites and Inadvertent Waiver

In connection with a declaratory judgment lawsuit wherein the Harleysville Insurance Company sought a ruling that it did not have…

March 15, 2017

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March 15, 2017

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Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in Significant and Embarrassing Sanctions

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart…

March 01, 2017

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March 01, 2017

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More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

The Federal Rules are undergoing more changes!  And, effective December 1, 2017, there will be two new Federal Rules of…

February 15, 2017

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February 15, 2017

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The Western District Declines to Compel Additional Discovery

Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016) In this case, pending before the…

February 01, 2017

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February 01, 2017

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Critical Road Map for ESI in Litigation

It is the beginning of a new year and I thought it the ideal time to list out those steps…

January 18, 2017

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January 18, 2017

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What is De-Duplication and How Do I Do It?

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents…

January 04, 2017

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January 04, 2017

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Client’s Bad Behavior Imputed to Counsel – Both Get Sanctioned

In Arrowhead Capital Fin. Ltd. v. Seven Arts Entertainment, Inc. 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016), District…

December 22, 2016

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December 22, 2016

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Key Word Searching – What Is It? And How Do I Do It (Well)?

A key word search is a basic search technique that involves searching for one or more words within or across…

December 09, 2016

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December 09, 2016

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Preserving vs. Collecting – What’s the Difference? And, Why Does it Matter?

Lawyers often worry about their obligation to preserve relevant information.  As a result, one may direct their client to collect…

November 23, 2016

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November 23, 2016

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Proportionality Is the Critical Inquiry in Federal Court Discovery

The amendment to Federal Rule of Civil Procedure 26(b)(1) (which defines the scope of permissible discovery) did away with the…

November 09, 2016

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November 09, 2016

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Counsel’s Failure to be Meaningfully Involved with Client’s Discovery Collection Costs Client One Half Million Dollars in Discovery Sanctions

On October 4, 2016, District Judge Jon S. Tigar issued an opinion every federal court practitioner should read (Rodman v…

October 26, 2016

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October 26, 2016

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The Southern District of New York Rules that It Cannot Force a Responding Party To Use Technology Assisted Review When Searching for Documents

In Hyles v. New York City et. al., (Case No. 10-3119, 2016 U.S. Dist. LEXIS 100390 [S.D.N.Y. Aug. 1, 2016],…

October 13, 2016

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October 13, 2016

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A Party Must Specify Basis for Objection Or Risk Compelled Discovery

This case (Heller’s Gas, Inc. v. Int’l Ins. Co. of Hannover Ltd., 2016 U.S. Dist. LEXIS 71069 [M.D. Pa. June…

September 28, 2016

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September 28, 2016

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Personal Computer/Email Accounts Discoverable

In Sunderland v. Suffolk Cty., 2016 U.S. Dist. LEXIS 77212 (E.D.N.Y. June 14, 2016) Magistrate Judge A. Kathleen Tomlinson granted…

September 14, 2016

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September 14, 2016

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E-Discovery Update: ESI Sanctions in Federal Court During 2016 (Well, through July)

Federal Rule of Civil Procedure 37 (along with others — Rules 1, 16, 26 and 34) was amended, effective December…

August 31, 2016

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August 31, 2016

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What is a Native File and Why Does it Matter?

Production of documents in their “native file format” is gaining traction in litigation.  But, what exactly is a native file?…

August 17, 2016

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August 17, 2016

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Sanctions in Two New York Courts for Party’s Failures to Preserve

Recently, two separate New York courts (the First Department and the Southern District) issued decisions imposing sanctions upon litigants who failed…

August 03, 2016

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August 03, 2016

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Failure to Preserve Emails Results in Sanctions

We all know that it can be damaging to one’s case if a party to a litigation fails to preserve…

July 20, 2016

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July 20, 2016

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Any Reasonable Litigant Should Understand Not to Destroy Evidence.

In the well-known saga commonly referred to as “deflategate,” (NFL Mgmt. Council v. NFL Players Ass’n., 2016 WL 1619883 [2d…

July 06, 2016

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July 06, 2016

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Relevant Social Media Posts Cannot be Destroyed Nor Can They Be Hidden

In Thurmond v. Bowman, 2016 WL 1295957 (W.D.N.Y. Mar. 31, 2016), a Fair Housing Act case, defendants moved for sanctions…

June 22, 2016

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June 22, 2016

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Difficulty in Assembling Responsive Electronic Data an Insufficient Reason to Deprive Litigant of the Critical Information

In an insurance law class action suit pending in the Western District of Missouri (Labrier v. State Farm Fire &…

June 08, 2016

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June 08, 2016

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Lightning Strikes and Power Surges Insufficient to Insulate Defendant from Discovery Sanctions

In a trademark infringement case pending in the Northern District of California (InternMatch v. Nxtbigthing, 2016 WL 491483 [N.D. Cal.…

May 25, 2016

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May 25, 2016

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Defendants’ Proposal to Redact Non-Relevant Information Recently Upheld under Newly Amended Rule 26

Chief Justice Roberts commented that the newly amended Federal Rule of Civil Procedure, Rule 26 “crystalizes the concept of reasonable…

May 11, 2016

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May 11, 2016

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What is a Data Map, Anyway?

When dealing with a lawsuit that inevitably will require the production of electronically stored information (“ESI”), one of the first…

April 27, 2016

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April 27, 2016

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The Christopher Carmicle Case – The Hits Keep Coming!

In Brown Jordan Int’l v. Carmicle, 2016 WL 815827 (S.D. Fla. Mar. 2, 2016) – a case previously written about…

April 13, 2016

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April 13, 2016

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Documents Identified by Agreed Upon Search Terms Do Not Necessarily Require Production of Those Documents

In Gardner v. Continental Cas. Co., (2016 WL 155002 [D. Conn. Jan. 13, 2016]), the District Court was called upon…

March 30, 2016

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March 30, 2016

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Why Every Litigator Must Understand the New Federal Rules

It can hardly be denied that no lawyer wants to apply the wrong legal standard in papers or be criticized by…

March 17, 2016

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March 17, 2016

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A Few ESI Musts For 2016

Today’s post draws upon countless other recent articles and blogs and their respective predictions regarding, what’s in store for 2016…

March 03, 2016

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March 03, 2016

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In Parallel Case to Lola v. Skadden Arps, 13-cv-05008, Quinn Emanuel Wins OT Challenge

Last year we wrote about the Lola v. Skadden Arp case wherein contract attorney, David Lola, brought suit under the…

February 25, 2016

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February 25, 2016

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Southern District Reiterates the Critical Importance of Issuing a Litigation Hold and Grants Sanctions Against City and NYPD

As most of those reading this are aware, companies/entities/agencies doing business in the US generally are not required to indefinitely…

February 18, 2016

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February 18, 2016

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Is Your Spouse’s Phone Subject to Production Under Federal Rule 45?

The short answer is – maybe; if there is any possibility that the information contained on the phone may be…

February 11, 2016

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February 11, 2016

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Who Exactly Qualifies as the Prevailing Party Entitled to Costs in a Mixed Judgment Case? And What Exactly Are Recoverable Production Costs?

Mobile Telecomms. Techs., LLC, v. Samsung Telecomms. Am., LLC, 2015 WL 5719123, (E.D. Tex. Sept. 28, 2015) In this patent…

February 04, 2016

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February 04, 2016

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The Amendments to the Federal Rules of Civil Procedure, the Court of Appeals’ Pegasus Aviation Decision and What They Mean for New York Litigators

For a long time, New York state and federal courts were out of sync with one another with regard to…

January 21, 2016

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January 21, 2016

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New York Court of Appeals Finally Speaks on Ediscovery Spoliation, But is it Now Out of Step with the Federal Courts?

After sitting on the sidelines for years, the New York Court of Appeals (the highest appellate court in New York)…

January 06, 2016

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January 06, 2016

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Businesses Should Assess their Technology Solutions Mindful of the Potential for Litigation and Corresponding Discovery Obligations

United States ex rel Guardiola v. Renown Health, No. 3:12-cv-00295-LRH-VPC, 2015 WL 5056726 (D. Nev. Aug. 25, 2015) In this…

November 25, 2015

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November 25, 2015

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Will New York Follow California’s Lead?

Earlier this summer, the California State Bar formally addressed the ethical obligations of counsel to be competent in matters of…

November 11, 2015

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November 11, 2015

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When Do Contract Attorneys “Practice Law”?

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing,…

October 28, 2015

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October 28, 2015

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Failure to Preserve Text Messages and Relevant Emails Lead to Sanctions

In Kan-Di-Ki, LLC v. Suer (2015 WL 4503210 [Del. Ch. July 22, 2015]),  a case involving breach of contract claims,…

October 14, 2015

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October 14, 2015

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Mere Negligence Cannot Support a Spoliation Claim

Giuliani v. Springfield Township, No. 10-7518, 2015 U.S. Dist. LEXIS 74174 (E.D. Pa. June 9, 2015) In the Third Circuit,…

September 30, 2015

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September 30, 2015

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Don’t Use “Crap Cleaner” When a Motion to Compel Is Pending, and Other Lessons Learned, to Ensure You Don’t Get Hit With a Spoliation Sanction

Clear-View Technologies, Inc. v John H. Rasnick, et al (2015 U.S. Dist. LEXIS 63579), reads as a list of the…

September 16, 2015

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September 16, 2015

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Failure to Cooperate During Discovery Results in Expensive Costs for Reproduction

  Themis Bar Review, LLC v. Kaplan, Inc., WL 3397877 (S.D. Cal. May 26, 2015). In this action, defendant served…

September 02, 2015

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September 02, 2015

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You Really Should Check With Your Client Before Objecting to Discovery Requests

A recent decision from the United States District Court of the District of Connecticut demonstrates the need for proper custodian…

August 19, 2015

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August 19, 2015

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BAR Members Behaving Badly!

HMS Holdings Corp. v. Arendt, 2015 N.Y. Slip Op. 50750(U) (Sup. Ct. May 19, 2015). In this lawsuit, HMS alleged…

August 05, 2015

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August 05, 2015

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The Importance of a Cooperative Discovery Process

In a previous post we discussed generally the idea of a cooperative discovery process and highlighted how the proposed amendments…

July 22, 2015

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July 22, 2015

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SCOTUS Endorses New FRCP

As those of you reading this well know, many studies and decisions show continued dissatisfaction with the discovery process. Remedies…

July 08, 2015

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July 08, 2015

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Still Need to Demonstrate Spoliated Materials Were Relevant

In the latest of a string of decisions relating to ediscovery spoliation, the First Department, on Jun 11, 2015, reconfirmed…

June 24, 2015

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June 24, 2015

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Plaintiffs’ Failure to Preserve Leads to Two Adverse Inferences

AJ Holdings Grp. LLC v. IP Holdings, LLC, No. 600530/2009 (N.Y. Sup. Ct. Sept. 19, 2014) reversed by AJ Holdings Group…

June 17, 2015

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June 17, 2015

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Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved

A little more than three years ago, federal Magistrate Judge Andrew J. Peck (SDNY), issued a seminal decision in Da…

June 03, 2015

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June 03, 2015

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Bad Faith Spoliation of Audio Data Results in Adverse Inference Instruction

Novick v. AXA Network, LLC, 2014 WL 5364100 (S.D.N.Y. Oct. 22, 2014) In this contract dispute case, the plaintiff made…

May 20, 2015

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May 20, 2015

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Sanctions Inappropriate When Failure to Preserve is the Result of Prior Court Order

Perez v. Metro Dairy Corp., No. 13 CV 2109(RML), 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2015) In this collective action…

May 06, 2015

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May 06, 2015

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Failure to Implement a Proper and Timely Legal Hold Notice Results in Plaintiff Being Sanctioned

In an earlier post (SEE reference to my top 10 list), I noted the importance of issuing a timely and…

April 22, 2015

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April 22, 2015

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Costs of Imaging Hard Drive Can Be Recovered As Taxable Cost in Federal Court

Lawyers are constantly asked by clients if there is any way to recover attorneys’ fees and costs from the opposing…

April 08, 2015

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April 08, 2015

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The Dangers of Dilatory Discovery

In Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014), discovery in the breach of…

April 08, 2015

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April 08, 2015

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Never Agree to Do Something Your Client Cannot Do

Under the New York State Supreme Court Commercial Division Rules counsel are expected to agree at the Preliminary Conference as…

March 25, 2015

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March 25, 2015

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What Exactly is The Practice of Law?

In a case that helps clarify what discovery-specific activities constitute the practice of law, District Court Judge Richard Sullivan –…

March 12, 2015

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March 12, 2015

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Better Not Toss A “Crashed” Computer

Judge Kimba M. Wood found for the first time in the Second Circuit in Dorchester Financial Holdings Corp. v Banco BRJ,…

February 25, 2015

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February 25, 2015

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E-Discovery Best Practices to Avoid Discovery Sanctions

In today’s litigious world, discovery is costly and can be perilous. Exacerbating this landscape is the fact that sanctions are…

February 11, 2015

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February 11, 2015

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Articles & Advisories

Dangers of Dilatory Discovery Practice

March 01, 2015

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Asymmetrical Warfare, or Mutually Assured Destruction?

November 01, 2012

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The Privatization of Cybercrimes: What Every Company Should Know

October 26, 2012

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Will Voom Make Electronic Discovery Costs and Spoliation Motions Zoom?

June 01, 2012

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Now That Everything Is Collected, How to Produce It?

Aaron E. Zerykier, Esq., an associate in Farrell Fritz’s commercial litigation department, co-authored this article with Mark A. Berman and…

March 21, 2011

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Emails and the Hearsay and Foundational Objections They Bring

October 01, 2009

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Federal Practice Update

This month we review three decisions rendered by the Judges of the Eastern District of New York, Alfonse D’Amato Courthouse.…

February 01, 2004

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News

Who’s Who in Women in Professional Services – Kathryn C. Cole

Kathryn “Katy” C. Cole is counsel in Farrell Fritz, P.C.’s commercial litigation practice group and a founding member of the…

August 25, 2016

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Farrell Fritz Launches New eDiscovery Practice Group

June 06, 2014

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Press Releases

Katy Cole of Farrell Fritz Earns Prestigious Certified E-Discovery Specialists (CEDS) Certification

Katy Cole is among the select group of e-discovery professionals to pass the rigorous four-hour Certified E-Discovery Specialists (CEDS) certification…

April 07, 2017

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Farrell Fritz Partner Katy Cole to Receive a 2017 “Outstanding Woman in Law” Award

Farrell Fritz is pleased to announce that Hofstra Law has selected Katy Cole to receive an “Outstanding Woman in Law”…

March 06, 2017

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Farrell Fritz Promotes Five Attorneys in its Uniondale Office

Farrell Fritz is pleased to announce the promotions of Kathryn (Katy) Carney Cole, David (Dave) M. Curry, Kristina M. Wesch…

January 04, 2017

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Farrell Fritz Launches its Tenth Blog: All About eDiscovery

Farrell Fritz is pleased to announce that it has launched its tenth blog, All About eDiscovery (http://www.allaboutediscovery.com).  The blog is…

March 13, 2015

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