Knotty Issues of eDiscovery
Guidance Software hosted another amazing Computer and Enterprise Investigations Conference (CEIC). This was my fifth CEIC and I believe the best I have attended. My personal favorite conferences are CEIC and the Paraben Forensic Innovation Conferencec. For those interested in the interaction between data collection to e-Discovery, both are must[…]
Read moreOne thing never goes out of fashion in e-Discovery: The Meet & Confer over search terms. In Ross v. Abercrombie & Fitch Co., the Plaintiff brought a motion to compel missing electronically stored information. Ross v. Abercrombie & Fitch Co., 2010 U.S. Dist. LEXIS 47620 (S.D. Ohio May 14, 2010). […]
Read moreA Defendant in Georgia was convicted of multiple armed bank robberies and possession of a firearm by a convicted felon. The Defendant was sentenced to 2,005 months in prison for his crimes. On appeal, the Defendant claimed the District Court abused its discretion in admitting the “bad character evidence” of[…]
Read moreThe personal computer is an eternal icon of the 1980s. However, few might suspect there is litigation currently pending dating back to the era of Reagan, Yuppies and Apple’s 1984 Orwellian Super Bowl commercial. [Youtube=http://www.youtube.com/v/OYecfV3ubP8&hl=en_US&fs=1&rel=0] Floppy Disks: e-Discovery Echoes Phillip M. Adams & Assocs. v. V., is the continuing story of[…]
Read moreA wife was convicted of simple assault on her husband. Text messages were used in her conviction to show her state of mind. The Defendant appealed her conviction, claiming the text messages from her phone, the victim’s phone and a photo exhibit of a text message were improperly admitted on[…]
Read moreLegend says in 2005, litigation began over cell phone towers and “monopoles.” Discovery was extensive. Summary judgment motions were lost and won. Time had past. And then, what was lost was then found. When You Find the Ark of the e-Discovery Covenant A custodian’s computer was found in September 2008[…]
Read moreEvents can be announced on a social networking site with a few clicks of a keyboard. What happens when people attending an event announced on a social networking site get attacked by other event attendees? In Melton v. Boustred, the Defendant announced on MySpace he would hold a party at[…]
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In the epic legal battle over patents and floppy disk controller defects dating back to the 1980s and 1990s, the Defendants brought a motion to compel the Plaintiff, who was an employee of his own company, who did not regularly testify as an expert on the company’s behalf, to prepare[…]
Read moreA music festival known as “Field Day” sued a County for the denial to issue a permit for a concert that included First Amendment and business tort causes of action. Field Day, LLC v. County of Suffolk, 2010 U.S. Dist. LEXIS 28476 (E.D.N.Y. Mar. 25, 2010). The Plaintiffs alleged that[…]
Read moreIn a business divorce, the Plaintiffs received a litigation hold notice from the Defendants. The Plaintiffs then secretly copied computer files from the Defendants’ data center in Oakland, California through their virtual private network (VPN) connection to the data center. Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 665 F. Supp.[…]
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