Knotty Issues of eDiscovery
The nomination process has began for the annual ABA Journal Blawg 100. I am very honored to have been include as a 2011 honoree. I would appreciate once again your support in nominating Bow Tie Law for next year. There are many excellent legal blogs, whether you focus on litigation[…]
Read moreA Plaintiff in an age discrimination case requested ESI be produced in native format. Linnebur v. United Tel. Ass’n, 2011 U.S. Dist. LEXIS 88456 (D. Kan. Aug. 10, 2011). The Defendants did not assert any objections, but produced the responsive ESI as PDF’s. Linnebur, at 3. The ESI at issue[…]
Read moreMy friend Charlie Kaupp at Digital Strata brought the following issue to me: There is an increasingly prevalent amount of Apple ESI found in corporate environments, especially among executives, engineering, and marketing groups. Most review platforms do not handle large portions of Apple ESI, including: Mac email (Entourage, Outlook 2011,[…]
Read moreIn a trademark dispute between restaurants, the Plaintiff brought a sanctions motion, claiming spoliation of the Defendant’s Facebook profiles. Katiroll Co. v. Kati Roll & Platters, Inc., 2011 U.S. Dist. LEXIS 85212, 1-2 (D.N.J. Aug. 3, 2011). The Court denied the sanctions motion over the Facebook profiles. The Plaintiff first[…]
Read moreA Plaintiff sought the forensic image of a laptop after the producing party collected the responsive data and placed it on a thumb drive. Magistrate Judge Nuffer denied the motion. Hansen v. Chevron USA, Inc., 2011 U.S. Dist. LEXIS 58488 (D. Utah May 31, 2011). In the course of discovery,[…]
Read moreThe iceberg in Trilegiant Corp. v. Sitel Corp., was the dissolution of Howrey LLP. The Howrey partner representing the Plaintiff was able to line up a lifeboat before Howrey sank, but the Chicago Howrey office suddenly closed before he started at his new firm. The client case files had not[…]
Read moreThe Defendants in Specht v. Google, Inc., sought of $21,951.16 for discovery costs. $17,778.64 of that total was for creating digital versions of the discovery. Specht v. Google, Inc., 2011 U.S. Dist. LEXIS 68968, 9-11 (N.D. Ill. June 27, 2011) As a general rule, such costs are taxable if the[…]
Read moreIn a case involving 1st Amendment and RICO allegations by two correctional officers, third-party electronic discovery was sought from different state law enforcement agencies. Couch v. Wan, 2011 U.S. Dist. LEXIS 68017, at *2 (E.D. Cal. June 23, 2011). The Third-Party sought an order requiring cost-sharing of the electronic discovery. […]
Read moreIn General Steel Domestic Sales, LLC v. Chumley, the Requesting Party sought production of 463,000 recordings of sales phone calls. And like one of the old long distance commercials of the 1980s, the Requesting Party was left crying at the end. General Steel Domestic Sales, LLC v. Chumley, 2011 U.S.[…]
Read moreThe Plaintiffs filed a suit alleging copyright infringement against the online proprietors of Korean pop music website where the Defendants “post, organize, search for, identify, collect and index links to infringing material that is available on third-party websites,” which the Plaintiff claimed was a “a one-stop shop for infringing material.”[…]
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