e-Discovery – Page 22

Putting the “E” in Expedited e-Discovery

February 24, 2010 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, ESI, Foreign Discovery

In the race to develop a web “tablet,” former business partners Interserve, Inc. dba TechCrunch and CrunchPad, Inc. and Fusion Garage PTE, Ltd., duel over whether to expedite discovery. Interserve, Inc. v. Fusion Garage PTE, Ltd., 2010 U.S. Dist. LEXIS 6395 (N.D. Cal. Jan. 7, 2010). Prior to the litigation,[…]

Piercing the Work Product Doctrine: Gamesmanship with Locked PDF’s

February 10, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Useable Form, Request for Production

The Plaintiffs in Mack v. HH Gregg, Inc. sued the Defendants for breach of contract over the alleged failed installation of dryers. The parties agreed the Defendants would produce a “summary of its dryer installation invoices that would include the state of the sale, date of purchase, amount paid for delivery[…]

What Does a TRO Look Like to Preserve & Produce ESI?

February 4, 2010 Josh Gilliland e-Discovery

The Federal Trade Commission filed for a permanent injunction and temporary restraining order against the Defendants for violation of the Federal Trade Commission Act. The FTC sought the preservation of the Defendants’ “…assets and an accounting of assets, preserving and producing business records and computers…” FTC v. Real Wealth, 2010[…]

Don’t Tell the Court “Keine Rechtsprechung”

February 3, 2010 Josh Gilliland Blocking Statute, e-Discovery, German Law

In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company entered into a contract with a German company to sell electronic discovery forensic software in Germany. Litigation followed after the German Defendant failed to pay the Plaintiff for software sales. […]

e-Discovery Civil Procedure: Three Email Messages Do Not Establish Personal Jurisdiction

February 2, 2010 Josh Gilliland e-Discovery, Electronically Stored Information, Email, General Jurisdiction, Personal Jurisdiction, Specific Jurisdiction

Pelowski v. Pipe, 2010 Cal. App. Unpub. LEXIS 549, 14-15 (Cal. App. 1st Dist. Jan. 26, 2010) is case where the Plaintiff’s appealed the judgment of dismissal of a Defendant based on the lack of personal jurisdiction. The Plaintiffs argued that both general and personal jurisdiction in California were properly established, because[…]

The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

January 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Foreign Discovery, Form of Production, Native File, Reasonably Useable Form, Request for Production

“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]

Tweeting Contempt: Trademark Infringement on Twitter

January 25, 2010 Josh Gilliland e-Discovery, Trademark, Twitter

The Plaintiff, an established 15-year-old moving company, brought a lawsuit against the Defendant for trademark violations, libel, and other unfair competition causes of action. Tdc Int’l Corp. v. Burnham, 2010 U.S. Dist. LEXIS 4646 ( E.D. Mich. Jan. 21, 2010). A settlement agreement was entered (after a default) requiring the Defendant to[…]

Classy Text Messages from a Collection Agency

January 20, 2010 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Text Messages

In Hartung v J.D. Byrider of Chandler, et al., 2009 U.S. Dist. Lexis 54415 (2009), the Plaintiff got behind on car payments. As one would expect, a collection agency became involved. As one would not expect, the representative from the Collection agency called T-Mobile, claimed he was Plaintiff’s father and[…]

No Reasonable Expectation of Privacy in Abandoned CD’s

January 10, 2010 Josh Gilliland Criminal Procedure, Discovery, e-Discovery, Electronically Stored Information, ESI, Reasonable Expectation of Privacy

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment. The Supreme Court of New Hampshire found he had no expectation of privacy in the abandoned media and that the search of the media was proper. State v.[…]