Knotty Issues of eDiscovery
The adequacy of searches for electronically stored information is often a challenge technically and procedurally for attorneys. The case of Mullen v. United States Army Crim. Investigation Command directly outlined how to evaluate whether a search was adequate. Searching for Adequacy & Reasonableness A search for responsive discovery is reviewed on[…]
Read moreA criminal Defendant in a gang case challenged the search of his smartphone and reading of his text messages by a detective. The California Court of Appeal said 1) the search was valid pursuant to the search warrant and 2) the police officer could read the text messages. People v.[…]
Read moreDefendants subject to a discovery stay brought a motion for clarification on discovery between non-parties, starting additional discovery on third parties and issuing litigation litigation-hold subpoenas to third parties. City of Lindsay v. Sociedad Quimica Y Minera De Chile S.A., 2012 U.S. Dist. LEXIS 87672, 1-2 (E.D. Cal. June 22,[…]
Read moreJudge Susan Illston could not simply Tweet her decision with 140 characters in Twitter, Inc. v. Skootle Corp. Twitter sued the Defendants on numerous causes of action for the Defendants’ alleged spamming activity, including breach of contract, tortious interference with contract, fraud, and unfair or deceptive business practices. Twitter, Inc.[…]
Read moreI have a bust of John Adams on my desk. I also have one of John Quincy Adams. Both are reminders to be resolute and work hard. Lawyers made a very large contribution in the founding of the United States. We have a noble profession that is dedicated to upholding[…]
Read moreThe Plaintiff in an employment discrimination lawsuit brought a motion for adverse inference jury instructions for the alleged destruction or suppression of email over a specific date range. The Plaintiff did not offer evidence of the email messages existence, only that he believed the email existed. Omogbehin v. Cino, 2012[…]
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Judge Facciola stands as one of the single most prolific Federal Magistrate Judges in the United States. Once again, the bow tie wearing jurist eloquently laid down the law in Tadayon v. Greyhound Lines, Inc. The discovery order concluded with the following passage: III. High Noon As explained at the[…]
Read moreNews Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]
Read moreA Plaintiff sought a writ of mandamus after a trial court ordered the production of the Plaintiff’s personal computer and email accounts. The Court of Appeals of Texas granted the writ. In re Jordan, 364 S.W.3d 425 (Tex. App. Dallas 2012). The case involved claims of a sexually hostile work[…]
Read moreA Plaintiff propounded a Rule 45 request on a phone company to disclose the name and phone number associated with a blocked call. The Court denied the motion to compel the information. Lindsey v. PNC Mortg., 2012 U.S. Dist. LEXIS 74481, 3 (D. Haw. May 30, 2012). The lawsuit involved[…]
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