Bow Tie Law

Category: e-Discovery

Inked Based Confessions on MySpace

e-Discovery, Electronically Stored Information, MySpace, Social Networking

The Defendant, who was being investigated for Social Security Fraud, challenged his confession to Federal agents.  United States v. Morales, 2009 U.S. Dist. LEXIS 122110 (S.D. Ga. Dec. 17, 2009).  The tip-off that there had been Social Security Fraud?  The Defendant’s MySpace profile. The Defendant denied any wrongdoing when initially interviewed[…]

Read more

In the War of the Roses, It is Best to Change Your Email Password

e-Discovery, Eavesdropping, Electronically Stored Information, Email, ESI, Exclusion of Evidence

Divorce is ugly.  It can be uglier when your estranged spouse has the password to your email account. In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her ex-husband’s email password since their separation in 2006.  The wife accessed the husband’s email[…]

Read more

Bow Tie Law 1st Anniversary

Blogging, Discovery, e-Discovery, Electronically Stored Information, ESI, Exclusion of Evidence, Litigation Hold

December 30, 2009 marks the first anniversary of “Bow Tie Law.”  2009 was a watershed year of case law, with litigation hold opinions coming up weekly this summer; the mandatory exclusion of ESI for the failure to disclose or supplement discovery; and judges holding attorneys to a higher standard for electronically stored[…]

Read more

Discovery Games in Gaming Litigation

Discovery, Document Review, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Litigation Hold, Reasonably Accessible, Request for Production

Discovery games were taking place in a gaming case in Mississippi.  The Plaintiffs brought a motion to strike and a motion for sanctions for discovery misconduct in responding to requests for electronically stored information.  Maggette v. BL Dev. Corp., 2009 U.S. Dist. LEXIS 116789 (N.D. Miss. Nov. 24, 2009).  The[…]

Read more

Twitter: Prohibited Jury Communications in Missouri

Blogging, e-Discovery, Jury Blogging, Jury Disqualification, Jury Selection, Social Networking

The pending jury instructions from the Supreme Court of Missouri address Web 2.0 and instant communications head on.  The jury instruction specifically states: You are not permitted to communicate, use a cell phone, record, photograph, video, e-mail, blog, tweet, text, or post anything about this trial or your thoughts or[…]

Read more

Brewing Issues in Social Networking Litigation: How to Freak Out Co-Workers and Get Fired

Admissibility, e-Discovery, Electronically Stored Information, ESI, MySpace, Social Networking

A barista was fired from Starbucks for “inappropriate conduct and threatening violence to Starbucks and its employees.” Mai-Trang Thi Nguyen v. Starbucks Coffee Corp., 2009 U.S. Dist. LEXIS 113461 (N.D. Cal. Dec. 7, 2009).  The Plaintiff in turn sued for sexual harassment, retaliation, religious discrimination, violations of the California Occupational Safety[…]

Read more

Admissibility of Email Strings and Co-Conspirator Emails

Conspiracy, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Hearsay

The Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law.  Whether or not such discovery is admissible is another story.  Park W. Radiology & Park W. Circle Realty v. Carecore Nat’l Llc, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009) is[…]

Read more

New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”

e-Discovery, Electronically Stored Information, ESI, Form of Production, Request for Production

In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]

Read more