Knotty Issues of eDiscovery
In an employment discrimination case, the Defendant claimed the Plaintiff intentionally destroyed data off her personal computer and audio tapes. The Defendant sought the dismissal of the Plaintiff’s lawsuit and claimed they had spent $150,000 because of the alleged discovery violations. Coburn v. PN II, 2010 U.S. Dist. LEXIS 110613[…]
Read moreIn a racial profiling case, the parties were in gridlock over custodians and date ranges to search of the electronically stored information. Barrera v. Boughton, 2010 U.S. Dist. LEXIS 103491 (D. Conn. 2010). After a meet and confer, the Plaintiffs proposed searching 40 custodians, with 80 key words from January 2004[…]
Read moreIn a case originally filed in California State Court, a Plaintiff brought a civil rights action against Facebook for alleged First and Fourteenth Amendment violations. The Defendant removed the case to Federal Court. Young v. Facebook, Inc., 2010 U.S. Dist. LEXIS 98261, at *1-2 (N.D. Cal. Sept. 13, 2010). The Plaintiff sought[…]
Read moreThe Plaintiff in an online fraud case sought the production of personal email messages from Yahoo. Jimena v. UBS AG Bank, Inc., 2010 U.S. Dist. LEXIS 95050 (E.D. Cal. Aug. 27, 2010). The allegations of the lawsuit involved a “Nigerian advance fee scheme,” where the Plaintiff claimed the Defendant, the Chief[…]
Read moreThe Plaintiff in a sexual harassment case was able to demonstrate a prima facie case to overturn a summary judgment on the narrow issue whether she was retaliated against for filing her lawsuit. Magiera v. City of Dallas, 2010 U.S. App. LEXIS 16802 (5th Cir. Tex. Aug. 11, 2010). The[…]
Read moreA service provider for router and network systems sued Cisco for Sherman Antitrust act violations. Cisco in turn sued for copyright and other violations. Multiven, Inc. v. Cisco Sys., 2010 U.S. Dist. LEXIS 71221 (N.D. Cal. July 9, 2010). Cisco propounded two discovery requests on the Plaintiff. The Producing Party claimed[…]
Read more1987 was an important year: Baby Jessica was saved from a well; Robert Bork was denied a seat on the Supreme Court; and Teenagers across the world played air guitar to Whitesnake’s immortal “Here I Go Again.” It is also the year the Plaintiffs wanted to restore back-up tapes[…]
Read moreI had the pleasure of discussing social networking with Mike McBride at ILTA 2010. Click here to listen to our discussion on the benefits and e-Discovery concerns of social networking.
Read moreThe parties dedicate nearly all of their briefs discussing and alleging who is to blame for the break-down in the discovery process in this case. Noticeably absent, however, is any meaningful discussion about the specific discovery requests at issue and the sufficiency of any responses or objections provided. Intending no[…]
Read moreA HR professional emailed to his home computer the personnel files of 68 employees when he feared layoffs were coming. That is only the beginning of a really ugly fact pattern. The data included past and current employee names, social security numbers, date of births, compensation, and addresses. The former employer[…]
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