Knotty Issues of eDiscovery
In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server. Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]
Read moreIn a dispute between a photographer and an educational textbook publisher, the Plaintiff sough the production of a definition list to the Defendants’ database abbreviations. Bean v. John Wiley & Sons, 2012 U.S. Dist. LEXIS 4900, 1-3 (D. Ariz. Jan. 17, 2012). The Defendants’ sales, printing and distribution database was[…]
Read moreIn a trade secret case involving the search of electronically stored information, the parties disagreed over the use of keywords to search the data sets. Custom Hardware Eng’g & Consulting v. Dowell, 2012 U.S. Dist. LEXIS 146, 7-8 (E.D. Mo. Jan. 3, 2012). The gravamen of the dispute was the[…]
Read moreIn Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]
Read moreNothing says Christmas like an opinion by Judge Facciola. Jenkins v. Wash. Metro. Area Transit Auth., is litigation over a train crash between two Washington Metropolitan Area Transit Authority trains. Jenkins v. Wash. Metro. Area Transit Auth., 2011 U.S. Dist. LEXIS 146065 (D.D.C. Dec. 19, 2011). Like almost all litigation,[…]
Read moreThe parties in I-Med Pharma Inc. v. Biomatrix, Inc., stipulated to the search of the Plaintiff’s computer system by the Defendants’ forensic expert. I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). The expert ran a combination of approximately 60 keywords, including French words, keywords[…]
Read moreIn Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180 (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]
Read moreI am greatly honored that Bow Tie Law has been selected by the editors of the ABA Journal as one of THE ABA JOURNAL’S BLAWG 100. I want to thank everyone who nominated Bow Tie Law for this great recognition. I am very humbled by the ABA’s kind words describing[…]
Read moreIn a patent dispute, the parties agreed to use a online review platform for the production of email and to share the costs. The prevailing party in the lawsuit won on having their hosting costs of $234,702.43 shifted to the opposing party. The losing party appealed and the Court of[…]
Read moreIn a multi-party complex case, the parties agreed to the production of electronically stored information as TIFFs or JPEGs with fields of information that did not reflect the metadata of the native files. The original production fields included: beginning bates number, ending bates number, page count, CD volume name, producing[…]
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