Proportionality
N.D. Cal. Relies on Federal Circuit’s Model eDiscovery Order to Craft Search Protocol Significantly Narrowing Third-Party Subpoena
Last week, U.S. Magistrate Judge Paul S. Grewal relied on the Federal Circuit’s recently-released model eDiscovery order for guidance in crafting a limited search protocol that significantly narrowed the terms of a subpoena served by plaintiff Software Rights Archive LLC (“SRA”) on non-party Kleiner Perkins Caufield and Byers (“KPCB”). In re Google Litig., Case No. C 08-03172 RMW (PSG), 2011 U.S. Dist. LEXIS 140656 (N.D. Cal. Dec. 7, 2011). (more…)
Tags: Cost-shifting, Proportionality, Search protocol, Subpoena
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ESI Disputes in the Oracle-Google Android Litigation
Last week’s docket in the Oracle-Google patent/copyright infringement litigation saw a flurry of activity, including two jointly-filed letters to the court involving ESI-related disputes (both dated Aug. 5, 2011: one was filed on Aug. 5, the other on Aug. 6).
- One letter summarizes the status of various discovery disputes.
- The second letter embodies Oracle’s motion to compel Google to produce/re-produce multiple versions of an internal Google email that may be relevant to Oracle’s claims of willful infringement. The motion covers a total of 12 documents (10 drafts of the email and two copies of the email that was ultimately sent), nine of which Google produced and subsequently clawed back under a claim of privilege. (more…)
Tags: Automated privilege screen, Autosaves, Clawback, ESI format, ESI stipulation, FRE 502, Inadvertent production, Motion to compel, Near-dupes, Preservation, Privilege, Privilege log, Privilege waiver, Proportionality, Protective order
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