Knotty Issues of eDiscovery
The Plaintiff in an online fraud case sought the production of personal email messages from Yahoo. Jimena v. UBS AG Bank, Inc., 2010 U.S. Dist. LEXIS 95050 (E.D. Cal. Aug. 27, 2010). The allegations of the lawsuit involved a “Nigerian advance fee scheme,” where the Plaintiff claimed the Defendant, the Chief[…]
Read moreIn an unplublished criminal appeal over a jury instruction that the Defendant failed to explain or deny evidence, the Appellant-Defendant claimed as his alibi that he was playing poker on MySpace at the time of the crime. The Prosecutor claimed the “MySpace Alibi” was implausible or bizarre. People v. Calderon, 2010 Cal. App.[…]
Read moreA Plaintiff brought a motion for the most severe sanctions possible for the Defendants’ alleged failure to issue a litigation hold. Taylor v. AFS Techs., Inc., 2010 U.S. Dist. LEXIS 93664, at *1 (D. Ariz. Aug. 18, 2010). The Court refused to use legal nuclear weapons on the Defendants. […]
Read moreBad Laws are the worst sort of tyranny. Edmund Burke The denial of the petition for the en banc rehearing of U.S. v Pineda-Moreno by the Court of Appeals for the Ninth Circuit should make Lady Justice scream for review by the United States Supreme Court. U.S. v Pineda-Moreno 2010[…]
Read moreThe Plaintiff in a sexual harassment case was able to demonstrate a prima facie case to overturn a summary judgment on the narrow issue whether she was retaliated against for filing her lawsuit. Magiera v. City of Dallas, 2010 U.S. App. LEXIS 16802 (5th Cir. Tex. Aug. 11, 2010). The[…]
Read moreA service provider for router and network systems sued Cisco for Sherman Antitrust act violations. Cisco in turn sued for copyright and other violations. Multiven, Inc. v. Cisco Sys., 2010 U.S. Dist. LEXIS 71221 (N.D. Cal. July 9, 2010). Cisco propounded two discovery requests on the Plaintiff. The Producing Party claimed[…]
Read moreThe facts sound like a typical e-Discovery case, but quickly you feel very sick. Two employees were accused of misappropriation of trade secrets. A Federal lawsuit was filed in Florida. As one can guess, electronically stored information would be key evidence in the lawsuit. Dana Ltd. v. Am. Axle &[…]
Read more1987 was an important year: Baby Jessica was saved from a well; Robert Bork was denied a seat on the Supreme Court; and Teenagers across the world played air guitar to Whitesnake’s immortal “Here I Go Again.” It is also the year the Plaintiffs wanted to restore back-up tapes[…]
Read moreI had the pleasure of discussing social networking with Mike McBride at ILTA 2010. Click here to listen to our discussion on the benefits and e-Discovery concerns of social networking.
Read moreThe parties dedicate nearly all of their briefs discussing and alleging who is to blame for the break-down in the discovery process in this case. Noticeably absent, however, is any meaningful discussion about the specific discovery requests at issue and the sufficiency of any responses or objections provided. Intending no[…]
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