2012 Case Law Year-In-Review

2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases to be decided on the merits, attorneys need to educate themselves on electronic discovery so they know[…]

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No Differences in Discoverability Between Social Media & Email

Letters versus telegrams. Faxes versus emails. Attorneys must be familiar with the many ways people have communicated in the everyday course of their lives. “Social media” is just another evolution in technology for possible sources of electronically stored information. Robinson v. Jones Lang Lasalle Ams., is a case centering on a motion[…]

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You Do Have to Look for Discovery in Your Possession

A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant knowledge does not necessarily mean she possesses relevant documents.” McNearney v. Wash. Dep’t of Corr., 2012 U.S. Dist. LEXIS 108386, 14-16 (W.D. Wash. Aug.[…]

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A Civ Pro Review of Jurisdiction

Judge Susan Illston could not simply Tweet her decision with 140 characters in Twitter, Inc. v. Skootle Corp. Twitter sued the Defendants on numerous causes of action for the Defendants’ alleged spamming activity, including breach of contract, tortious interference with contract, fraud, and unfair or deceptive business practices.  Twitter, Inc.[…]

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Streaming Early Discovery in Online Music Infringement

The Plaintiffs filed a suit alleging copyright infringement against the online proprietors of Korean pop music website where the Defendants “post, organize, search for, identify, collect and index links to infringing material that is available on third-party websites,” which the Plaintiff claimed was a “a one-stop shop for infringing material.”[…]

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