Knotty Issues of eDiscovery
In a trademark dispute between restaurants, the Plaintiff brought a sanctions motion, claiming spoliation of the Defendant’s Facebook profiles. Katiroll Co. v. Kati Roll & Platters, Inc., 2011 U.S. Dist. LEXIS 85212, 1-2 (D.N.J. Aug. 3, 2011). The Court denied the sanctions motion over the Facebook profiles. The Plaintiff first[…]
Read moreA Plaintiff successfully excluded the Defendant’s testifying expert whose opinion was that “no one, including Plaintiffs, has a reasonable expectation of privacy in Internet communications.” Clements-Jeffrey v. City of Springfield, 2011 U.S. Dist. LEXIS 81898, 2-3; 10 (S.D. Ohio July 27, 2011). The case involved the theft of a laptop. […]
Read more
Two fishing boats voyaged into the ocean of e-Discovery when the Plaintiff learned of digital photos and video of a collision that was not produced in discovery. May v. F/V LORENA MARIE, 2011 U.S. Dist. LEXIS 52695, (D. Alaska May 16, 2011). The discovery dispute surfaced like a carb pot[…]
Read moreA Plaintiff sued after being a fraud victim in a “Nigerian advance fee scheme,” with emails allegedly from the Defendant’s CFO. The email addresses at issue did not have the domain name of the Defendant, but instead yahoo.com and privatelcientsubs.cjb.net. Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS[…]
Read moreA Plaintiff sought the forensic image of a laptop after the producing party collected the responsive data and placed it on a thumb drive. Magistrate Judge Nuffer denied the motion. Hansen v. Chevron USA, Inc., 2011 U.S. Dist. LEXIS 58488 (D. Utah May 31, 2011). In the course of discovery,[…]
Read moreThe iceberg in Trilegiant Corp. v. Sitel Corp., was the dissolution of Howrey LLP. The Howrey partner representing the Plaintiff was able to line up a lifeboat before Howrey sank, but the Chicago Howrey office suddenly closed before he started at his new firm. The client case files had not[…]
Read moreThe Defendants in Specht v. Google, Inc., sought of $21,951.16 for discovery costs. $17,778.64 of that total was for creating digital versions of the discovery. Specht v. Google, Inc., 2011 U.S. Dist. LEXIS 68968, 9-11 (N.D. Ill. June 27, 2011) As a general rule, such costs are taxable if the[…]
Read moreIn a case involving 1st Amendment and RICO allegations by two correctional officers, third-party electronic discovery was sought from different state law enforcement agencies. Couch v. Wan, 2011 U.S. Dist. LEXIS 68017, at *2 (E.D. Cal. June 23, 2011). The Third-Party sought an order requiring cost-sharing of the electronic discovery. […]
Read moreVermont: Personally important because it is the State where I get many of my bow ties (along with the ones for the high school mock trial team I coach). Vermont is legally relevant because it is the land of a state Supreme Court decision on whether you have a legitimate[…]
Read moreIn General Steel Domestic Sales, LLC v. Chumley, the Requesting Party sought production of 463,000 recordings of sales phone calls. And like one of the old long distance commercials of the 1980s, the Requesting Party was left crying at the end. General Steel Domestic Sales, LLC v. Chumley, 2011 U.S.[…]
Read more