Knotty Issues of eDiscovery
In 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[…]
Read moreThe Fourth Paraben Forensic Innovation Conference was November 5-9 in Park City, Utah. This is by far one of my favorite conferences of the year, because of the excellent content of the presentations and the extreme creativity of the Paraben Team. Plus, any conference that provides homemade sugar-free cookies as[…]
Read moreIn Sundown Energy, L.P. v. Haller, the Defendant (Requesting Party) brought a motion to compel the Producing Party to produce electronically stored information in native file format. The Defendant had specified “native format” as the form of production in their request for production. Sundown Energy, L.P. v. Haller, 2011 U.S.[…]
Read moreIn a case involving alienation of affection, the Plaintiff sought early discovery on third party electronic communication service providers. Dockery v. Horvath, 2011 U.S. Dist. LEXIS 124997, 2-3 (S.D. Miss. Oct. 27, 2011). The case was in procedural limbo, because the Defendants were in New York state, had not filed[…]
Read moreA Defendant/Producing Party resisted production of email in native file after making general objections to the production format. Linnebur v. United Tel. Ass’n, 2011 U.S. Dist. LEXIS 124473, 20-21 (D. Kan. Oct. 27, 2011). The Producing Party claimed that producing the email messages printed as paper was “sufficient” for the[…]
Read moreA Plaintiff produced Excel spreadsheets in TIFF format. As one could expect, the Defendant brought a motion to compel in native file format faster than you can sort a column in ascending order. Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc., 2011 U.S. Dist. LEXIS 117922 (N.D. Cal. Oct. 12,[…]
Read moreThe Defendant in Dunstan v. Comscore, Inc., was a company that offered “free” screen savers and games that monitor a user’s Internet usage, which is then sold for marketing research or analysis of online behavior. After being sued for purportedly improperly obtaining personal information in violation of the Stored Communication[…]
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