Knotty Issues of eDiscovery
A 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,[…]
Read moreThere 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[…]
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