Collaborative Discovery Required

In Thompson v Arcadia Labs Inc, the plaintiffs brought a motion for relief requesting, among other things, several orders related to discovery. The plaintiffs are consultants that provided services to the defendant cybersecurity firm.   The parties did not agree on a protocol for exchanging documents, which resulted in unilateral attempts to satisfy production obligations. Master MacLeod, as he then was, (Master MacLeod was recently appointed a judge of the Ontario Superior Court of Justice) found that parties cannot take a unilateral approach to production and that cooperation is critical for defensibility and proportionality.   During the course of their

Heuristica Celebrates First Anniversary with Expanded Team

Heuristica Discovery Counsel is celebrating its first anniversary and thanks to an extremely successful first year is pleased to announce the addition of two key positions at the firm.   With the addition of several major new clients Heuristica recently has recruited Alan Dingle and Keith Bedford.   Alan and Keith bring relevant expertise and experience to meet the increasingly sophisticated needs of the market and our clients.  The two new positions enable Heuristica to continue its expansion and ensure that it continues to exceed client expectations.   Alan Dingle joins Heuristica as Vice President of Marketing and Business Development.

English High Court Endorses Predictive Coding

In two recent decisions, the English High Court has approved the use of predictive coding in the discovery process.   The English Cases: Pyrrho & BCA Trading In Pyrrho Investments Ltd v MWB Property Ltd., released in February 2016, both parties agreed to its use. On May 17, 2016, in an unreported decision[1], the High Court granted BCA Trading, a defendant, an order permitting them to use predictive coding despite the plaintiff’s objection. Counsel for BCA Trading argued that a manual review would be disproportionate in cost, and that predictive coding would be more accurate.   These decisions follows similar

Update: EU-US Privacy Shield Faces Sharp Criticism

In March, we discussed the proposed EU-US Privacy Shield in our blog.   At the time, the EU and US had just reached an agreement in principle and the European Commission (EC) released a draft “adequacy decision” regarding the proposed framework. The Privacy Shield is a regulatory framework designed to enable US companies to comply with strict EU digital privacy laws. It replaces the invalidated “Safe Harbour” agreement.   In the intervening months, several EU institutions expressed dissatisfaction with the proposed Privacy Shield. On April 13th, the Article 29 Working Party published a critical opinion stating that the EC had

Court Orders Production of Files in “Usable” Format

On May 24th, the Alberta Court of the Queen’s Bench ruled that, in certain circumstances, meaningful disclosure requires the production of native electronic files.   Background and Arguments In Bard v Canadian Natural Resources,[1] the plaintiffs brought a motion requesting, amongst other things, that the court order the defendants to deliver native Excel spreadsheets. The defendant had provided the data in TIFF image files as agreed to by the parties in the discovery plan. The plaintiffs claimed that TIFFs were not a “usable” format.  

  1. Pages:
  3. 1
  4. ...
  5. 46
  6. 47
  7. 48
  8. 49
  9. 50
  10. 51
  11. 52
  12. 53
  13. 54
  14. 55
  15. 56
  16. 57