Knotty Issues of eDiscovery
Everyone got burned in this case, including the Court, the Federal Rules of Civil Procedure and especially Rule 1. Brinckerhoff v. Town of Paradise, 2010 U.S. Dist. LEXIS 126895 (E.D. Cal. Nov. 18, 2010). On a positive note, the Court was innovative enough to cited Google Maps in a footnote[…]
Read moreIn a dispute over the creation of Jersey Boys, we see the production of electronically stored information is no musical. Corbello v. Devito, 2010 U.S. Dist. LEXIS 125207 (D. Nev. Nov. 12, 2010). For the opening act, the Court admonished the attorneys for “their lack of cooperation concerning Electronically Stored Information[…]
Read moreI am honored and humbled Bow Tie Law was selected by the ABA Journal as one of the top 100 best law blogs by lawyers, for lawyers. I want to dedicate this honor to my late friend Howard Krosney, who was a loyal fan of Bow Tie Law and a[…]
Read moreIn a business dispute, the Plaintiffs sought the production of email messages in native file format with metadata. The successor counsel to the Defendant claimed producing as TIFF’s would be sufficient, because the ESI was “no longer available in native format.” Moreover, the Defendant claimed producing metadata was “unnecessary and[…]
Read moreISP providers and a California-based company developed an internet activity inception device that monitored ISP subscriber’s internet usage. The device collected websites visited and search term history. The data was then transmitted to the Defendant in Redwood City, California for analysis to develop targeted marketing to the ISP subscribers. Valentine v. Nebuad, Inc.,[…]
Read moreIn a very short opinion, Magistrate Judge Facciola showed a path to putting the brakes on spoliation motions: “Assessing whether sanctions are warranted for the loss of otherwise discoverable information is a function of whether a party has been prejudiced by that loss.” Davis v. Grant Park Nursing Home, LP, 2010 U.S. Dist.[…]
Read moreIn a lawsuit over the death of a prison inmate, the Plaintiff served Yahoo with a subpoena for all of the Defendant’s email for a period of nearly two years. Janice Chasten v. Franklin, 2010 U.S. Dist. LEXIS 113284 (N.D. Cal. Oct. 14, 2010). The Defendant moved to quash the[…]
Read moreThe Defendants in Johnson v. Neiman sought an order to not produce email messages located on back-up tapes on the basis the electronically stored information was not reasonably accessible. The Court agreed and issued a protective order. Johnson v. Neiman, 2010 U.S. Dist. LEXIS 110496 (E.D. Mo. Oct. 18, 2010).[…]
Read moreThe Defendants in Romero v. Allstate Ins. Co., opposed a motion to compel to confer with the Plaintiffs over search terms. Romero is an employment class action against Allstate involving alleged coercion to convert employees into independent contractors without their original benefits. Romero v. Allstate Ins. Co., 2010 U.S. Dist.[…]
Read moreIn an employment class action against Allstate involving alleged coercion to convert employees into independent contractors without their original benefits, the Plaintiffs sought the production of metadata of native files (along with several other discovery demands). Romero v. Allstate Ins. Co., 2010 U.S. Dist. LEXIS 111985 (E.D. Pa. Oct. 21,[…]
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