Knotty Issues of eDiscovery
A Plaintiff produced Excel spreadsheets in TIFF format. As one could expect, the Defendant brought a motion to compel in native file format faster than you can sort a column in ascending order. Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc., 2011 U.S. Dist. LEXIS 117922 (N.D. Cal. Oct. 12,[…]
Read moreThe Defendant in Dunstan v. Comscore, Inc., was a company that offered “free” screen savers and games that monitor a user’s Internet usage, which is then sold for marketing research or analysis of online behavior. After being sued for purportedly improperly obtaining personal information in violation of the Stored Communication[…]
Read moreA Plaintiff in a BitTorrent filing sharing copyright case sought early discovery to identify 96 Doe Defendants. The Plaintiff moved to subpoena the Doe Defendants’ internet service providers (“ISPs”) to identify each person associated with the IP address. AF Holdings LLC v. Doe, 2011 U.S. Dist. LEXIS 109816, 2-3 (N.D.[…]
Read moreA Defendant brought a motion to forensically image the Plaintiff’s “personal computing devices” before a cross complaint had been filed. The motion was denied. Han v. Futurewei Techs., Inc., 2011 U.S. Dist. LEXIS 104538 (S.D. Cal. Sept. 15, 2011). The case was originally filed in California state court and removed[…]
Read moreA Plaintiff sued her former employer alleging violations of the Federal Wiretap Act, the Indiana Wiretap Act and the Stored Communication Act. The facts at issue involved the Plaintiff’s email and banking passwords being recorded by keylogger software on a company computer, allowing the Defendants to access the Plaintiffs email[…]
Read more“Tweets” and “status comments” on social networking sites appear in lawsuits of all shapes and sizes. Wrongful termination cases are certainly no exception to this growing trend. In Smizer v. Cmty. Mennonite Early Learning Ctr., the Plaintiff claimed he was the subject of gender discrimination, because he was terminated for[…]
Read moreAmericans are very good at volunteering to help others. There is no shortage of this virtue among lawyers and legal professionals, as seen in legal aid societies and pro bono programs. I began coaching a high school mock trial team in Santa Clara County as part of the statewide competition[…]
Read moreA 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 Rule 37(c)(1). United States SEC v. Big Apple Consulting USA, Inc., 2011 U.S. Dist. LEXIS 99352, 6-8[…]
Read moreGuest Article By Sonya Ziaja. Ms. Ziaja is a regular contributer to Legal Match’s Law Blog and to Shark. Laser. Blawg. Senator Al Fraken proposed a consumer privacy geolocation bill (the Location Privacy Protection Act) earlier this term. Unlike the bipartisan GPS Act, the bill does not attempt to grapple[…]
Read moreIn an age discrimination suit, a Plaintiff’s motion to compel discovery was denied by a Magistrate Judge on the grounds the requests were overboard. The Plaintiff challenged Magistrate’s order. The District Court found the requests were also overboard. Doubt v. NCR Corp., 2011 U.S. Dist. LEXIS 95518, 11-12 (N.D. Cal.[…]
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