Knotty Issues of eDiscovery
Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who email confidential information to their personal accounts and then delete the sent email from their work email account. The following is one such case where third party email providers were ordered[…]
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Published California eDiscovery cases are as rare as California Condors. However, unpublished California opinions provide a lot of insight in how judges see eDiscovery issues in state court. Flagship Theatres of Palm Desert is a California case regarding spoliation of email messages and the preservation of evidence. Even though it[…]
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The Plaintiffs were granted a TRO, and then a clarifying Preliminary Injunction order, for the Defendant to preserve electronically stored information in a case where a former employee went to a competitor with trade secret information. Henry Schein v. Cook (N.D.Cal. June 22, 2016, No. 16-cv-03166-JST) 2016 U.S. Dist. LEXIS[…]
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Lawyers are eagerly awaiting Courts to start their engines applying the new Federal Rule of Civil Procedure Rule 37(e) for sanctions against a party that failed to preserve ESI. However, the case of Bruner v. Am. Honda Motor Co, is a healthy reminder that Courts will keep ordering parties to enact litigation holds.[…]
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We have a new case applying Federal Rule of Civil Procedure Rule 37(e): Living Color Enterprises v New Era Aquaculture. My thanks to attorney Chris Dix from the law firm of Smith, Hulsey, & Busey for sending me this case. Chis joined me for a podcast to discuss the case,[…]
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The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution, if true. The City was found to be grossly[…]
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The duty to preserve is a tricky beast. Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. There are times when it is very obvious that a party[…]
Read moreMagistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King. Everyday I Have the Blues Here is the basic dispute in Procaps S.A. v. Patheon Inc.: The Plaintiff, based in Columbia, did not put a litigation hold in place until ordered by the[…]
Read moreIt is dangerous for lawyers to argue information was not searched for years because of “human error.” That is right up there with saying, “Your Honor, we goofed. Are we cool?” As we learned from Judge Kevin Fox, no, we are not cool. The case involved claims for wrongful termination and[…]
Read moreA Pro Se Plaintiff in a prison inmate case requested the Court order the Defendants not to destroy any relevant video surveillance footage from a specific date. The Court declined, because the Defendant was already subject to the duty to preserve. Ross v. Conner, 2014 U.S. Dist. LEXIS 146887, at *17-18. The[…]
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