Knotty Issues of eDiscovery
The form of production is a lot like ordering a pizza: say what you want. Thin crust, sauce, topping. All are things you can order. Requesting electronically stored information is exactly the same. You can request native files and types of metadata just like you are ordering a pizza. You[…]
Read moreThe 6th Paraben Computer Forensic Conference was held in Snowbird, Utah November 13-15, 2013. I love PFIC because it is a content driven show. Amber Schroader, CEO of Paraben Corporation, kicked off the lecture track of the conference by addressing computer forensics in mobile devices and BYOD. The next generation[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
Read moreIn a case where the Court called the Defendants’ disclosures troubling, the Plaintiffs sought sanctions for the failure to back-up hard drives or issue a litigation hold. There was one big problem with the Plaintiffs’ argument: they did not prove that the Defendant had a duty to preserve the email when[…]
Read moreI want to thank all of my readers who have enjoyed my blog over the years. I hope you enjoy my 400th post on eDiscovery. I have seen amazing things in my 12 years as an attorney. I have traveled across all of North America; I have met amazing lawyers;[…]
Read moreDiapers. Perhaps the most effective tool for encouraging family planning. Now a messy diaper shipment case delivers a message on the importance of issuing a litigation hold. A Defendant brought a sanctions motion against a Plaintiff for their alleged failure to preserve evidence in a case over $3 million worth[…]
Read moreA Plaintiff brought a motion for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b), based on the Defendant’s untimely production of ESI as non-searchable TIFFs without metadata. The Court denied the default sanction, but instead ordered the production in searchable format with metadata. Kwan Software Eng’g, Inc. v. Foray[…]
Read moreI have coached a high school mock trial team for the last four years. I am pleased to say we have 28 students on the team. We even have a student courtroom artist who practices at each meeting by sketching his classmates as they discuss case theory, arguments or rehearse[…]
Read morePuerto Rico once again has issued a thought provoking eDiscovery opinion. It’s about time we hold a conference there. The Court found the Plaintiff had offered sufficient evidence that the Defendant had a duty to preserve the personal email accounts of its former officers. The Court explained the email accounts[…]
Read moreWestdale Recap Props. v. Np/I&G Wakefield Commons is a serious case of “no, that’s not right.” It concludes with a Court telling a requesting party that requested ESI as native files that it had not “demonstrated an adequate need to have all the ESI produced in native format.” So much[…]
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