Knotty Issues of eDiscovery
There are many great blogs for attorneys. The ABA Journal is now accepting “Friends of the Blawg” briefs in the annual ABA Journal Blawg 100. Nominations can be submitted on the ABA Journal website. There are many great litigation blogs. Here are some of my favorites: Craig Ball’s Ball in[…]
Read moreWhat do parties do when they anticipate documents, testimony, or information containing or reflecting confidential, proprietary, trade secret, and/or commercially sensitive information are likely to be disclosed or produced during the course of discovery, initial disclosures, and supplemental disclosures in a case? Agreeing to a protective order is a the solution[…]
Read moreThe Defendants in employment litigation sought the mirror imaging of the Plaintiff’s personal computers three years after she had been terminated. The crux of the eDiscovery centered on the former employee forwarding emails from her supervisors email to her personal account, which the Defendants claimed were lost by the Plaintiff. The Court[…]
Read moreExxonMobil Pipeline had a problem in discovery: their discovery responses were overdue. The requests for production was served in November 2013 and due after one extension in January 2014. The Plaintiffs rightly brought a motion to compel. The Defendants had enough discovery to give most eDiscovery attorneys a migraine with[…]
Read moreI had the honor of speaking at the 2014 Arkansas State Bar Annual meeting on eDiscovery Ethics and new trends in eDiscovery in Hot Springs, Arkansas. I had an amazing time and greatly appreciated the hospitality of the Arkansas Bar Association. My new Ethics seminar is a Star Trek themed[…]
Read moreA Plaintiff in a civil lawsuit deactivated her Facebook profile on the advice of her attorney after the duty to preserve triggered. The Plaintiff claimed she used the account to primarily communicate with her family. Chapman v. Hiland Operating, LLC, 2014 U.S. Dist. LEXIS 74248, 4-7 (D.N.D. May 29, 2014).[…]
Read moreA Plaintiff brought a motion for tortious spoliation of evidence for the alleged destruction of a native file report after the duty to preserve triggered. The Defendants produced the written report, but the native file and its metadata were gone. Raines v. College Now Greater Cleveland, Inc., 2014 U.S. Dist. LEXIS[…]
Read moreHere are two tips on social media discovery: Tip One: Get an expert who knows how to collect the electronically stored information on social media. Tip Two: Downloading a Facebook profile, printing it, and conducting document review for redactions is not the best way to produce social media. The Defendants[…]
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Fighting over discovery search methodology makes me think of President Richard Nixon’s resignation speech: “Always remember, there are those who hate you. And the only way to keep them from winning is to hate them right back. And then you destroy yourself.” Attacking a party who used predictive coding to[…]
Read moreDrafting discovery is an art. While painting in oils or pastels is certainly more colorful than drafting requests in Times New Roman or Ariel, both require thought. And like any masterpiece, drafting a request for production can have its challenges. A Requesting Party demanded an opposing party produce “[a]ll email and[…]
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