Knotty Issues of eDiscovery
The Plaintiffs in Livermore v. Arnold failed to produce their initial disclosures by a Court ordered deadline. The Defendants sought production of the initial disclosures through email correspondence, only to have the Plaintiffs not respond to the disclosure request, but other issues in the email. Other attempts were also unanswered.[…]
Read moreThe Plaintiffs in Gaalla v. Citizens Med. Ctr., brought a sanctions motion for alleged spoliation of email stored on back-up tapes. The parties and Court had never discussed the issue of back-up tapes until the Plaintiffs’ spoliation motion. Gaalla v. Citizens Med. Ctr., 2011 U.S. Dist. LEXIS 57317, 2-3 (S.D.[…]
Read moreGuidance’s 2011 CEIC showcased another great conference complete with excellent eDiscovery and computer forensic speakers, a dedicated staff of organizers and a wonderful venue by Universal Studios in Orlando. I have a confession: I missed the keynote for the first time in four years. My reasons were just; I went[…]
Read moreThe Plaintiffs in Thermal Design, Inc. v. Guardian Bldg. Prods., brought a motion to compel the Defendants “Defendants to search all archived e-mail accounts and shared network drives, without any restriction as to custodian or individual.” Thermal Design, Inc. v. Guardian Bldg. Prods., 2011 U.S. Dist. LEXIS 50108 (E.D. Wis.[…]
Read moreThere are different standards for cost-shifting when the producing party is not a party in the lawsuit. EEOC v. Kronos Inc., 2011 U.S. Dist. LEXIS 47350, 3-4 (W.D. Pa. May 3, 2011). EEOC v. Kronos Inc., involved the EEOC seeking discovery from a nonparty with a production estimate of $75,000. […]
Read moreI had the privilege of doing a podcast with the “Digital Detectives” Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises. Our discussion included the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation[…]
Read moreThe Defendant in Quality Inv. Props. Santa Clara, LLC v. Serrano Elec., Inc., brought a motion to compel the Plaintiff to “organize, index and label” their production of electronically stored information. Quality Inv. Props. Santa Clara, LLC v. Serrano Elec., Inc., 2011 U.S. Dist. LEXIS 41006, 1-2 (N.D. Cal. Apr.[…]
Read moreEEOC v. Jp Morgan Chase Bank, N.A., is gender discrimination case with multiple discovery disputes. EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011). One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that[…]
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There are battles that do not make sense. This is one of those cases. In a civil dispute over fraudulent investments, the Plaintiff brought a motion to compel the Defendant to “Bates Label” electronically stored information in native file format, because the local Discovery Practices Handbook required Bates numbering of[…]
Read moreThe Plaintiff, a professional Chicago interior designer, was the director of marketing, PR and e-commerce for the Defendant, a well-known interior designer. Maremont v. Susan Fredman Design Group, Ltd., 2011 U.S. Dist. LEXIS 26441, at *4 (N.D. Ill. Mar. 15, 2011). After being injured in an accident, the Defendant impersonated[…]
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