Knotty Issues of eDiscovery
There are different standards for cost-shifting when the producing party is not a party in the lawsuit. EEOC v. Kronos Inc., 2011 U.S. Dist. LEXIS 47350, 3-4 (W.D. Pa. May 3, 2011). EEOC v. Kronos Inc., involved the EEOC seeking discovery from a nonparty with a production estimate of $75,000. […]
Read moreCalifornia’s Electronic Discovery Act changed the Rules of Civil Procedure in 2009 to include electronically stored information, in addition to provisions on the forms of production and issues with undue burden. The California Judicial Council has an invitation to comment on a proposed modification to the subpoena forms to include[…]
Read moreI had the privilege of doing a podcast with the “Digital Detectives” Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises. Our discussion included the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation[…]
Read moreThe Defendant in Quality Inv. Props. Santa Clara, LLC v. Serrano Elec., Inc., brought a motion to compel the Plaintiff to “organize, index and label” their production of electronically stored information. Quality Inv. Props. Santa Clara, LLC v. Serrano Elec., Inc., 2011 U.S. Dist. LEXIS 41006, 1-2 (N.D. Cal. Apr.[…]
Read moreIf you are in the San Francisco Bay Area on May 5, I hope you can join us for the launch party for The Deponent App for the Apple iPad. Ted Brooks wrote an excellent review of The Deponent App in LTN that is available here. You are invited to[…]
Read moreThe Plaintiffs sued a police department after a traffic stop where they were detained for 45 minutes, handcuffed and a police dog sniffed around and in their car. Miller v. City of Plymouth, 2011 U.S. Dist. LEXIS 41386, (N.D. Ind. Apr. 15, 2011). The facts were unsettling on many levels.[…]
Read moreThe Plaintiff sued his former wife and EgyptAir for abducting their children and taking the children from the United States to Egypt without his consent. The Defendant never appeared in the lawsuit and ignored the court proceedings. Bower v. Mirvat El-Nady Bower, 2011 U.S. Dist. LEXIS 36677 (D. Mass. Apr.[…]
Read moreGiven the number of iPhones sold, it is no surprise to see a case like People v. Schutter. The Defendant had left his iPhone in a locked convenient store bathroom. When the Defendant went back to the store to get the phone, the store clerk refused, because the clerk was[…]
Read moreIn a case originating from a police shooting, the Plaintiffs included in their complaint a screen capture of the shooting officer’s MySpace page. Rice v. Reliastar Life Ins. Co., 2011 U.S. Dist. LEXIS 32831, 11-13 (M.D. La. Mar. 29, 2011). The MySpace page included a 1960s era photo of Clint[…]
Read moreEEOC v. Jp Morgan Chase Bank, N.A., is gender discrimination case with multiple discovery disputes. EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011). One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that[…]
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