Knotty Issues of eDiscovery
In the absence of any actual discovery dispute, I cannot see any benefit from my creating an Electronic Discovery Order for the parties from whole cloth, when they know better than I what information they have and what information they need. United States District Court Judge Catherine Perry Process Controls[…]
Read moreIf you are in the San Francisco Bay Area on May 5, I hope you can join us for the launch party for The Deponent App for the Apple iPad. Ted Brooks wrote an excellent review of The Deponent App in LTN that is available here. You are invited to[…]
Read moreThe Plaintiffs sued a police department after a traffic stop where they were detained for 45 minutes, handcuffed and a police dog sniffed around and in their car. Miller v. City of Plymouth, 2011 U.S. Dist. LEXIS 41386, (N.D. Ind. Apr. 15, 2011). The facts were unsettling on many levels.[…]
Read moreIn an unplublished criminal appeal over a jury instruction that the Defendant failed to explain or deny evidence, the Appellant-Defendant claimed as his alibi that he was playing poker on MySpace at the time of the crime. The Prosecutor claimed the “MySpace Alibi” was implausible or bizarre. People v. Calderon, 2010 Cal. App.[…]
Read moreThe facts sound like a typical e-Discovery case, but quickly you feel very sick. Two employees were accused of misappropriation of trade secrets. A Federal lawsuit was filed in Florida. As one can guess, electronically stored information would be key evidence in the lawsuit. Dana Ltd. v. Am. Axle &[…]
Read moreI had the pleasure of discussing social networking with Mike McBride at ILTA 2010. Click here to listen to our discussion on the benefits and e-Discovery concerns of social networking.
Read moreOne of the issues that continues to grow in importance is drafting a litigation hold (preservation) letter for your opponent. Of greater importance is enacting a litigation hold to avoid destroying any evidence. What goes into a litigation hold letter? Magistrate Judge Kathleen M. Tafoya extensively outlined what should go[…]
Read moreIn Spieker v. Cherokee, 2008 U.S. Dist. LEXIS 88103 (D. Kan. Oct. 30, 2008), the parties became entangled in a dispute over who created search terms for a set of specific discovery requests. The Plaintiff had served the Defendant with specifically defined Federal Rule of Civil Procedure Rule 34 requests[…]
Read moreMy first video game system was Colecovision. About the same time my brother and I were playing “Donkey Kong” and “Frogger,” the Romantics were singing “What I Like About You.” One of the most popular game lines today is the “Guitar Hero” series. People enjoy rocking out to classics like[…]
Read moreThis lawsuit demonstrates why it is so important that parties frilly discuss their ESI early in the evolution of a case. Had that been done, the Defendants might not have opposed the Plaintiffs’ requests for certain metadata. Moreover, the parties might have been able to work out many, if not[…]
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