Knotty Issues of eDiscovery
I 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,[…]
Read moreDoes the Stored Communication Act protect all text messages and data stored on a personal cell phone accessed without the owner’s permission? Not if you are arguing the cell phone is a “facility” under the Stored Communications Act. Garcia v. City of Laredo, 2012 U.S. App. LEXIS 25370 (5th Cir.[…]
Read more2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases to be decided on the merits, attorneys need to educate themselves on electronic discovery so they know[…]
Read moreMany eDiscovery attorneys associate Chicago with 1) the Blues Brothers and 2) Magistrate Judge Nan Nolan. Judge Nolan granted in part and denied in part a motion to compel in an employment dispute. The Judge found the Defendant had a duty to preserve audio recordings of calls that had been[…]
Read moreNothing says Merry Christmas like winning eDiscovery costs. One party was able to get over half the gifts on their Christmas List from the Court as taxable costs. The Defendants submitted eDiscovery costs over $40,000, which was nearly two-thirds of the Defendant’s bill of costs. A service provider made up[…]
Read moreA court should be hesitant to resolve issues that demand technical expertise. Magistrate Judge James C Francis IV In a case with dueling motions to compel, the parties disputed the adequacy of search terms. Magistrate Judge James C Francis IV wrote a profoundly important warning to attorneys and judges on[…]
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