Knotty Issues of eDiscovery
The ridiculously high number of irrelevant materials and the large volume of privileged communications produced demonstrate a lack of reasonableness. Robert C. Chambers, United States District Court Judge Preparing electronic discovery takes careful review and following Judge Grimm’s Victor Stanley checklist. That did not happen in this case. The Plaintiffs[…]
Read moreShanahan v. Superior Court, is an unpublished California opinion that furthers the story of confidential communications sent from a business computer. Shanahan v. Superior Court, 2010 Cal. App. Unpub. LEXIS 5756 (Cal. App. 2d Dist. July 21, 2010) Privacy at Work…Literally and Figuratively Privacy interests originating from electronically stored information created at[…]
Read moreA humorous e-Discovery tale. [Youtube=http://www.youtube.com/v/fTLhq3-BqUY&hl=en_US&fs=1]
Read moreWhy would a juror’s online research be a “problem” for a criminal defendant? Because an “extrinsic influence on a jury’s deliberations violates a defendant’s Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.” United States v.[…]
Read moreIn a wrongful death case, the Plaintiffs sought “any and all” computer hard drives and cell phones from the Defendant within 24 hours of the incident in the lawsuit to the “present.” Holland v. Barfield, 35 So. 3d 953 (Fla. Dist. Ct. App. 5th Dist. 2010). A Grand Fishing Expedition[…]
Read moreIn a Fair Labor Standards Case against Butterball, the Plaintiffs claimed the Defendants’ ESI production was incomplete. The Defendants in turn claimed that the “burden” of producing the discovery was burdensome, justifying cost shifting. Helmert, et al., v. Butterball, LLC, 2010 U.S. Dist. Lexis 60777 (May 27, 2010). While that[…]
Read moreI am crushed beyond words to hear that Howard Krosney of Epstein Becker & Green passed away after a sudden illness. Howard was a gentleman. I first met him during my time at CT Summation. Howard attended several of my seminars and we became friends. He once came down from[…]
Read moreI always liked John Stuart Mill’s utilitarian views on justice to provide the greatest happiness for the greatest number of people, within reason. I propose Utilitarian e-Discovery. All the vendors in the litigation support profession produce many fine products and solutions for large scale e-Discovery services. I have a challenge to[…]
Read moreJune 29, 2010 marks the first anniversary of the California Electronic Discovery Act. It is unlikely there are any decorations at state courthouses celebrating the date. There are many California judges, attorneys and bar associations preparing educational events on e-Discovery. However, there are few cases directly addressing electronically stored information[…]
Read moreEvery now and then, rules with teeth will leave a love bite. This is one of those cases. The Plaintiffs identified 31 documents in their initial disclosures. However, none of these were produced because of a claimed computer crash. Pinkney v. Am. Med. Response, Inc., 2010 U.S. Dist. LEXIS 56465,[…]
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