Knotty Issues of eDiscovery
The Plaintiffs filed a suit alleging copyright infringement against the online proprietors of Korean pop music website where the Defendants “post, organize, search for, identify, collect and index links to infringing material that is available on third-party websites,” which the Plaintiff claimed was a “a one-stop shop for infringing material.”[…]
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The Plaintiffs in Livermore v. Arnold failed to produce their initial disclosures by a Court ordered deadline. The Defendants sought production of the initial disclosures through email correspondence, only to have the Plaintiffs not respond to the disclosure request, but other issues in the email. Other attempts were also unanswered.[…]
Read moreGo “On the Record” with the Santa Clara County Bar Association Civil Practice Committee’s new expert deposition seminar on June 22 at 6:00pm. To register, click here. “On the Record” is a seminar with Judge Gregory Ward (retired), author of California Objections (James Publishing). After the brief introductory material by[…]
Read moreHow many times can a litigant ignore his discovery obligations before his misconduct catches up with him? The plaintiffs in this case failed to produce documents in response to a discovery request. Then they proceeded to violate not one but two judicial orders compelling production of the requested materials. After[…]
Read moreThe Plaintiffs in Gaalla v. Citizens Med. Ctr., brought a sanctions motion for alleged spoliation of email stored on back-up tapes. The parties and Court had never discussed the issue of back-up tapes until the Plaintiffs’ spoliation motion. Gaalla v. Citizens Med. Ctr., 2011 U.S. Dist. LEXIS 57317, 2-3 (S.D.[…]
Read moreA self-identified “Plaintiff” filed subpoenas in the Northern District of California directed to Google, MSN Hotnail, CableVision, AOL, Charter Communications, Verizon, Performanceix, and Yahoo!. Mission Trading Co. v. Doe, 2011 U.S. Dist. LEXIS 52681, 1-2 (N.D. Cal. May 16, 2011). The subpoena to Yahoo! sought the identity, IP addresses and[…]
Read moreGuidance’s 2011 CEIC showcased another great conference complete with excellent eDiscovery and computer forensic speakers, a dedicated staff of organizers and a wonderful venue by Universal Studios in Orlando. I have a confession: I missed the keynote for the first time in four years. My reasons were just; I went[…]
Read moreThe Plaintiffs in Thermal Design, Inc. v. Guardian Bldg. Prods., brought a motion to compel the Defendants “Defendants to search all archived e-mail accounts and shared network drives, without any restriction as to custodian or individual.” Thermal Design, Inc. v. Guardian Bldg. Prods., 2011 U.S. Dist. LEXIS 50108 (E.D. Wis.[…]
Read moreIn the absence of any actual discovery dispute, I cannot see any benefit from my creating an Electronic Discovery Order for the parties from whole cloth, when they know better than I what information they have and what information they need. United States District Court Judge Catherine Perry Process Controls[…]
Read moreAn Illinois-based start-up founded a social networking site named “Techbook” for teachers. As one can imagine, Facebook sued for trademark infringement. Facebook, Inc. v. Teachbook.com, LLC, 2011 U.S. Dist. LEXIS 48590, 6-7 (N.D. Cal. May 2, 2011). Facebook sued in the Northern District of California, where they are headquartered. Teachbook.com,[…]
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