Knotty Issues of eDiscovery
The important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably[…]
Read moreCalifornia: The home of movie studios, Silicon Valley and innovation. Now, thanks to the California Court of Appeal, the law embraces the reality of recovering trial presentation costs with a published opinion. California law recognizes the prevailing party in litigation is entitled to reasonable costs that were “reasonably necessary to[…]
Read moreIn a products liability case Circuit Judge Diane Wood referenced a Facebook Fan Page. Here is the exact passage: HP may be correct that Ferraro was not using the product in the precise manner intended by the manufacturer, insofar as the power adapter was designed to rest on a flat[…]
Read moreA Plaintiff was fired from her job at a grocery store that she held for 21 years for allegedly adjusting her own pay. Prior to be fired, a representative from the Defendant grocery store secretly recorded an interview with her that was used as part of the decision making process[…]
Read moreNominations are now open for the ABA Journal Blawg 100 and close on August 9 at 700pm EST. If you enjoy my blog, please nominate Bow Tie Law for the ABA Journal Blawg 100. You can nominate more than one blog for the Blawg 100 by sending in a separate nomination for each[…]
Read moreA New Jersey State Court determined the imputed income of a defendant in a child custody case to be $100,000 after reviewing photos from social media submitted by the Plaintiff. Fitzgerald v. Duff, 2013 N.J. Super. Unpub. LEXIS 1376 (App.Div. June 7, 2013). The Court of Appeals reversed the denial of[…]
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A Court recently held that it was not “impossible” to produce Gmail in native file format. The more accurate holding might have been “in a reasonably useable form.” Keaton v. Hannum, 2013 U.S. Dist. LEXIS 60519, at *4-5 (S.D. Ind. Apr. 29, 2013). Here is the relevant section from the case: Zook[…]
Read moreCourts will not ReTweet or “Like” discovery requests for social media that are simply fishing expeditions. In Salvato v. Miley, the Plaintiff requested the following discovery: Interrogatory 12 Please identify whether you had any social media accounts and/or profiles including, but not limited to, Facebook, Twitter, MySpace, you have had at[…]
Read moreMy grandfather grew up a plain spoken farmer in Iowa. He had a bow tie wearing attorney uncle who also knew how to sum up an issue. It is very nice to see a clearly stated order on the form of production from the Northern District of Iowa, Eastern Division[…]
Read moreIt is sad when good arguments fail. Taxation of cost cases frequently deny processing costs of native files, unless there is conversion to a static image. Conversion of native files to static images can significantly increase processing costs, opposed to keeping native files in their original format. It is fitting[…]
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