Sanctions for Spoliation Are Not Made on Hunches

In an employment discrimination case, the Defendant claimed the Plaintiff intentionally destroyed data off her personal computer and audio tapes.  The Defendant sought the dismissal of the Plaintiff’s lawsuit and claimed they had spent $150,000 because of the alleged discovery violations.  Coburn v. PN II, 2010 U.S. Dist. LEXIS 110613[…]

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How Third Party ESI Requests Collide with the Stored Communications Act

The Plaintiff in an online fraud case sought the production of personal email messages from Yahoo.  Jimena v. UBS AG Bank, Inc., 2010 U.S. Dist. LEXIS 95050 (E.D. Cal. Aug. 27, 2010). The allegations of the lawsuit involved a “Nigerian advance fee scheme,” where the Plaintiff claimed the Defendant, the Chief[…]

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A Judicial Love Bite: Initial Disclosures Mean Initial Disclosures

Every now and then, rules with teeth will leave a love bite.  This is one of those cases.  The Plaintiffs identified 31 documents in their initial disclosures.  However, none of these were produced because of a claimed computer crash.  Pinkney v. Am. Med. Response, Inc., 2010 U.S. Dist. LEXIS 56465,[…]

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Undue Burden Arguments Must Be Specific, Not Speculative

Seger v. Ernest-Spencer Metals is the story of an industrial accident where the Plaintiff suffered serious bodily injury.  In the ensuing discovery battle, the Producing Party claimed the electronically stored information was from sources that were not reasonably accessible due to undue burden.  Seger v. Ernest-Spencer Metals, 2010 U.S. Dist. LEXIS[…]

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e-Discovery Civil Procedure: Three Email Messages Do Not Establish Personal Jurisdiction

Pelowski v. Pipe, 2010 Cal. App. Unpub. LEXIS 549, 14-15 (Cal. App. 1st Dist. Jan. 26, 2010) is case where the Plaintiff’s appealed the judgment of dismissal of a Defendant based on the lack of personal jurisdiction. The Plaintiffs argued that both general and personal jurisdiction in California were properly established, because[…]

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The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]

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In the War of the Roses, It is Best to Change Your Email Password

Divorce is ugly.  It can be uglier when your estranged spouse has the password to your email account.  In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her ex-husband’s email password since their separation in 2006.  The wife accessed the husband’s email[…]

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