Knotty Issues of eDiscovery
Joshua Gilliland and Jason Krause from Nextpoint discuss the proposed Amendments to the Federal Rules of Civil Procedure. Public comment is now open on the proposed Rules. You can review the proposed Rules and submit public comments at www.uscourts.gov.
Read moreIn a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three[…]
Read moreeDiscovery requires attorneys to use technology to be successful in the collection, data reduction and review of electronically stored information. I recently discussed with another eDiscovery attorney the differences with legal conferences and events such as San Diego Comic Con or D23. Minus the people in cosplay, the “geek” shows[…]
Read moreSome cases are a two for one deal. This one covers HIPPA and social media. No End-Run Around HIPAA The Defendants sought a protective order to communicate directly with the Plaintiff’s health care providers without notice to the Plaintiff’s attorney and outside of the attorney’s presence. Ford v. United States,[…]
Read moreJason Krause from Nextpoint and I sat down to discuss eDiscovery Cloud Services as a way to control costs and help small firms. We addressed selecting a cloud service provider, confidentiality and service agreements. The cases referenced on costs: Adair v. EQT Prod. Co., 2012 U.S. Dist. LEXIS 90250,[…]
Read moreA Plaintiff sought the production of metadata of a Word document that was created after the commencement of the lawsuit. The Word document was the Chinese translation of hours the Plaintiff, a nanny and housekeeping, worked for the Defendants. Wang v. Yao, 2013 U.S. Dist. LEXIS 70352, 4-6 (E.D.N.Y. May 17,[…]
Read moreESI Attorneys contacted me about checking out their new iPad App the eDiscovery Assistant. I thought the app was very useful and well-designed. I asked Kelly Twigger, creator of the app, to tell me more about the eDiscovery Assistant. I had a very nice chat with Kelly about the state[…]
Read moreCalifornia: The home of movie studios, Silicon Valley and innovation. Now, thanks to the California Court of Appeal, the law embraces the reality of recovering trial presentation costs with a published opinion. California law recognizes the prevailing party in litigation is entitled to reasonable costs that were “reasonably necessary to[…]
Read moreIn a products liability case Circuit Judge Diane Wood referenced a Facebook Fan Page. Here is the exact passage: HP may be correct that Ferraro was not using the product in the precise manner intended by the manufacturer, insofar as the power adapter was designed to rest on a flat[…]
Read moreA Plaintiff was fired from her job at a grocery store that she held for 21 years for allegedly adjusting her own pay. Prior to be fired, a representative from the Defendant grocery store secretly recorded an interview with her that was used as part of the decision making process[…]
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