Bow Tie Law

Arguing $2,630 is Undue Burden to Search ESI

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B).  Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

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Sanctions for Spoliation Are Not Made on Hunches

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[…]

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Identifying Defaming Defendants with Expedited Subpoenas on Social Networking Sites

The Plaintiffs in 1524948 Alberta Ltd. v. John Doe 1-50 claimed they were the victims of trademark infringement, trade libel, defamation and intentional interference with contractual relationships. The Plaintiffs claimed the unknown Defendants used a website “to publish allegedly “false, defamatory and infringing statements and to conduct other unlawful activity[…]

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How “Ridiculous” Productions Can Waive the Attorney-Client Privilege

The ridiculously high number of irrelevant materials and the large volume of privileged communications produced demonstrate a lack of reasonableness. Robert C. Chambers, United States District Court Judge Preparing electronic discovery takes careful review and following Judge Grimm’s Victor Stanley checklist.  That did not happen in this case. The Plaintiffs[…]

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I Have this Favor to Ask of You: Don’t Betray the Family with Third-Party Discovery

You should never betray the family…and one such betrayal resulted in trademark litigation over Mafia Wars.  Now You are Part of the Family For those not familiar with Mafia Wars (or you spend a lot of time clicking “Ignore”), it is a game on social networking sites such as Facebook. […]

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