Relevance, Social Media & Personal Computers

In an employment dispute, the Defendant sought access to the Plaintiff’s Facebook profile and personal computer. The case had involved several discovery disputes challenging the Plaintiff’s discovery productions. Potts v. Dollar Tree Stores, Inc., 2013 U.S. Dist. LEXIS 38795, 5-9 (M.D. Tenn. Mar. 20, 2013). Among the discovery requests, the Defendant requested[…]

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Forensically Examining A Lawyer’s Computer

In a dispute over a will and deed transfer, a New York State Court ordered the examination of a lawyer’s computer. The idea of an attorney’s computer being searched by third parties should scare lawyers to death. The attorney objected on the grounds the examination would violate the attorney-client privilege[…]

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The Fabric of Inadequate Search & Spoliation Allegations

In a case involving claims of copyright infringement of fabric design, the tapestry of the Plaintiff’s discovery production was challenged, including allegations the Plaintiff: Neglected to search for and produce several categories of documents; and Deleted relevant emails. The Defendants sought an order permitting a forensic examination of Plaintiff’s computer[…]

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The Confirmation of Existence…Of Responsive ESI

EEOC v. Jp Morgan Chase Bank, N.A., is gender discrimination case with multiple discovery disputes.  EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011). One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that[…]

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A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

Discovery Balancing Acts in a War Zone United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq.  The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to[…]

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Production of Litigation Hold Letters & Imaging Hard Drives

In an action initiated by an insurance company, the Defendant sought various discovery from the Plaintiff.  Am. Gen. Life Ins. Co. v. Billard, 2010 U.S. Dist. LEXIS 138570 (N.D. Iowa Dec. 29, 2010).  Two issues pertained to the production of litigation hold letters and forensically imaging hard drives. Litigation Hold Letters The[…]

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