Knotty Issues of eDiscovery
There is no question that automotive product liability litigation is complex. However, self-collection is never a good idea. The Ford Unintended Acceleration Litigation is a case study on why it is a good idea to use archiving solutions and have expert witnesses conduct data collection. The Plaintiffs argued that Ford[…]
Read moreJack Halprin was a great legal mind in eDiscovery. Jack was smart, had a sharp sense of humor, and a profoundly decent person. His passing leaves a void for those who called him friend. I met Jack shortly after I began my career in eDiscovery in 2006. One of his[…]
Read moreA New York state judge confronted the issue of producing system metadata in a medical malpractice case where the plaintiff had to have a foot amputated due to post surgical complications. Vargas v Lee (Sup.Ct.) 2015 NY Slip Op 31048(U), ¶¶ 3-5. The case is direct and thoughtful on the[…]
Read moreAdmissibility of electronically stored information cases are almost always in criminal cases. The Pinterest v Pintrips infringement litigation has excellent analysis by US District Court Judge Haywood Gilliam, Jr., on the admissibility of email messages and news articles in civil litigation. Email Admissibility Pinterest offered two email messages as evidence[…]
Read moreA requesting party issued a third party subpoena on the ATF for email messages created between 2000 to 2009. The Court denied the production of the messages on the grounds the emails were not reasonably accessible because of being stored on back-up tapes. The moving party also failed to demonstrate[…]
Read moreDiscovery deadlines matter. Wells Fargo learned that the hard way with producing a relevant email 8 months after the close of discovery. Given the nature of the relevancy to the lawsuit, limited additional discovery was reopened. Here is the short overview of the case: Plaintiff’s asked Wells Fargo if the[…]
Read moreTaxation of cost cases can be dull. However, when the Judge shoots down an argument with a YouTube video in the opinion, you know it’s a party. The prevailing party in a trademark infringement case between companies that make portable electronic fitness tracking devices sought $88,888.86 in costs and the[…]
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 moreMagistrate Judge Stanley Boone had to straighten out a form of production dispute in a consumer protection case over curling irons. As the parties in this case learned, sometimes the form of production needs a detangler. The Plaintiffs requested ESI to be produced in native file format or TIFF with[…]
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SmartPhone discovery is heavily dependent on experts. What steps need to be done to ensure no data is lost? What are the best collection strategies? Can there be a targeted collection on BYOD devices? If not, how can data be reviewed? Brad Berkshire and Russ Capps from Planet Data joined[…]
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