Knotty Issues of eDiscovery
There are some big “no-no’s” in civil litigation. Printing ESI before scanning it as a few PDFs totalling 8,000 pages for production is one of them. This case had that bad life choice plus a few more. The Form of Production This is a case with multiple defendants getting into[…]
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The idea of a litigation hold getting produced in a lawsuit is nightmare fuel for many attorneys. Nothing good will come from it. Luckily for the party in this case, the Court denied that motion to compel…without prejudice. In a punitive class action case over claims false advertising of nationwide[…]
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In an employment discrimination case, the Plaintiff brought a motion for sanctions at the end of discovery for 1) loss of email (plus security footage and printed forms); and 2) inadequate email production. The sanctions motion failed on those claims, but was successful on other grounds for a jury instruction.[…]
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Rule 26(f) requires parties to discuss the preservation of electronically stored information during the meet and confer process. If we think of the meet and confer like the Staff of Ra in Raiders of the Lost Ark in identifying what needs to be preserved, the parties went digging for a[…]
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Determining the triggering date for the duty to preserve is one of the most litigated disputes in cases over lost electronically stored information. In a partnership dissolution cases, a meeting ended with the alleged remark, “so sue me” in mid-2014. The Defendants brought a motion for sanctions or adverse inference[…]
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A professional photographer took a photo of Willie Nelson at a concert in 2009. The photographer posted the photo on Wikipedia and allowed others to post the image provided they complied with the terms of the Creative Commons Attribution 2.0 Generic License. Funny how time slips away, but in April[…]
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Parties who reasonably foresee litigation must preserve ESI that is relevant to the possible lawsuit. Identifying the individuals, subject matter, date range, are the first steps in determining the scope of the duty to preserve. In an EEOC case over age discrimination, a missing letter from an EEOC investigator and[…]
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Judge William Alsup’s Waymo v Uber order is epic Rule 37(e) analysis. The opinion has a substantial amount of detail and legal analysis. There are numerous issues in play and the Court logically addressed them with the precision that Judge Alsup is legendary known for in complex cases. In a[…]
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Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who email confidential information to their personal accounts and then delete the sent email from their work email account. The following is one such case where third party email providers were ordered[…]
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Published California eDiscovery cases are as rare as California Condors. However, unpublished California opinions provide a lot of insight in how judges see eDiscovery issues in state court. Flagship Theatres of Palm Desert is a California case regarding spoliation of email messages and the preservation of evidence. Even though it[…]
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