Knotty Issues of eDiscovery
You can open my old Civil Procedure course book and see I usually highlighted cases with three colors: Blue for the “Issue,” orange for “Rule,” yellow for “Analysis” and a note in the margin for the “Conclusion” (IRAC for the non-lawyers). Law students have been highlighting and writing in textbooks[…]
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Federal Rule of Civil Procedure Rule 34 allows for a requesting party to state the form of production in their request. In the event a requesting party does not state the form of production, the responding party can state the form of production in their reply. However, if no party[…]
Read moreTreating e-Discovery review the same as a paper-based document review runs the risk of shattering the litigation process. In Oracle v. SAP, 2008 U.S. Dist. LEXIS 88319, the estimated cost of reviewing 165 custodians was projected as $16.5 million. This included the defendants employing more than fifty contract attorneys and[…]
Read moreThere were three big “search term” cases in 2008 by Magistrate Judges John Facciola and Paul Grimm (both of whom also wear bow ties).[1] In United States v. O’Keefe, Judge Facciola wrote, “…for lawyers and judges to dare opine that a certain search term or terms would be more likely[…]
Read moreLaw school is notorious for ending relationships. Fatima R. Dos Santos Fahmy v. Stephen Graham Hogge, 2008 U.S. Dist. LEXIS 87103 takes the cake of a bad break-up between former law students and illustrates the requirements for a court to exercise personal jurisdiction over a blogger for defamation. […]
Read moreSometimes, people don’t know any better and fight the really wrong fight. This might be where the maxim, “Never bring a knife to a gun fight” comes from. It is also the mindset that built the Maginot line. Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 U.S. Dist. LEXIS 71863[…]
Read moreCan you have a reasonable expectation of privacy in text messages? This video clip from the CT Summation & Ivize webinar addressed this issue.
Read moreIt started with JenniCam when I was in college: People crying for attention and utilizing technology to express themselves with a cultish following.[1] Julia Allison has taken this to a new level of Internet self-promotion that highlights a strange effect on litigation. For those not familiar with her, Julia Allison[…]
Read moreAll of our tools and toys that generate electronically stored information can frustrate law firms with high e-Discovery costs. Lawyers who choose to have their discovery productions printed can have nearly 10,000 times more paper than 10 years ago.[1] It is difficult to visualize how “big” ESI can be. WIRED[…]
Read moreDating is not always easy. Dating outside of a marriage is just asking for trouble. The key evidence in a recent marriage fraud case was the Defendant’s Match.com profile. Now, there was other substantial evidence in the case, but the evidence the court spent the most time on was a[…]
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