Knotty Issues of eDiscovery
How do you know there is a duty to preserve? When two managing officers involved in the termination of an employee are repeatedly asked by an attorney for their electronic calendars, including a letter threatening an EEOC complaint if there was not an amicable resolution, and then followed by formal discovery[…]
Read moreI am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]
Read moreIn 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[…]
Read moreCosts in eDiscovery are a never ending ordeal for parties. There is little question that the Taxation Guidelines should be updated to meet the realities of computer forensic investigation, preservation and processing. Consider the following situation, where the Court addressed “image processing”: Mitre has requested a total of $5,453.96 in[…]
Read moreI was deeply sadden to learn of the passing of Grover Mundell. Grover was always a gentlemen. I enjoyed saying hello to him at the different legal conferences over the years. I am very sorry for his family’s loss. Grover’s memorial service will be held at Temple Emanu-El in Dunwoody, GA[…]
Read moreI had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]
Read moreThis case is my eDiscovery nightmare. Worse than a clown with snakes. Let’s review what happened. The case involved numerous allegations of discovery wrongdoing against the Plaintiff. The Defendants brought a motion for “discovery abuses intended to harass defendants, cause unnecessary delay, and needlessly increase the cost of litigation.” The[…]
Read moreThere is more to life than eDiscovery. I have coached a high school mock trial team for the past three years. I also serve as the chairman of the bar association committee that organizes the tournament with the Santa Clara County Office of Education and Santa Clara County Courts. The[…]
Read moreIn a dispute involving claims of monopolistic violations regarding booking A-list DJ’s at nightclubs, the Defendants did not take any steps to preserve or review text messages on an iPhone for relevance that was lost. Christou v. Beatport, LLC, 2013 U.S. Dist. LEXIS 9034, 36-39 (D. Colo. Jan. 23, 2013). While the[…]
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German v. Micro Elecs., iNC., is an employment case that involved discovery disputes centering on the Plaintiff’s mitigation of damages, including among other issues, the Plaintiff’s calendars and online activity, including blogging and records-keeping. The Plaintiff’s attorney claimed the Plaintiff had hardship in responding, because she could not afford to make copies,[…]
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