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 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 moreThe important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably[…]
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[…]
Read moreNominations are now open for the ABA Journal Blawg 100 and close on August 9 at 700pm EST. If you enjoy my blog, please nominate Bow Tie Law for the ABA Journal Blawg 100. You can nominate more than one blog for the Blawg 100 by sending in a separate nomination for each[…]
Read moreA New Jersey State Court determined the imputed income of a defendant in a child custody case to be $100,000 after reviewing photos from social media submitted by the Plaintiff. Fitzgerald v. Duff, 2013 N.J. Super. Unpub. LEXIS 1376 (App.Div. June 7, 2013). The Court of Appeals reversed the denial of[…]
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A Court recently held that it was not “impossible” to produce Gmail in native file format. The more accurate holding might have been “in a reasonably useable form.” Keaton v. Hannum, 2013 U.S. Dist. LEXIS 60519, at *4-5 (S.D. Ind. Apr. 29, 2013). Here is the relevant section from the case: Zook[…]
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