Knotty Issues of eDiscovery
In United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v. Shelnutt, 2009 U.S. Dist. LEXIS 101427 (M.D. Ga. Nov. 2, 2009). Federal Rule of Criminal[…]
Read moreA Plaintiff sued Sony Computer Entertainment America Inc., for violating his claimed First Amendment rights by banning the Plaintiff from Sony’s Playstation 3 Network for violating Sony’s terms of use. Estavillo v. Sony Computer Entm’t Am. Inc., 2009 U.S. Dist. LEXIS 86821 (N.D. Cal. Sept. 22, 2009). For those[…]
Read moreIn a trade secret case, the Defendants attempted to strike the Plaintiffs’ complaint pursuant to the California Anti-SLAPP statute. The Defendants failed to make a prima facie showing that the complaint arose from protected activity. World Fin. Group v. Hbw Ins. & Fin. Servs., 2009 Cal. App. LEXIS 553 (Cal.[…]
Read moreMy first video game system was Colecovision. About the same time my brother and I were playing “Donkey Kong” and “Frogger,” the Romantics were singing “What I Like About You.” One of the most popular game lines today is the “Guitar Hero” series. People enjoy rocking out to classics like[…]
Read moreThe internet is creating emerging legal issues, from jurisdiction to discovery. The identification of anonymous bloggers-posting defamatory statements on the internet–is one of those issues. Judge Rory J. Bellantoni, Ottinger v. Non-Party The Journal News In Ottinger v. Non-Party The Journal News, 2008 N.Y. Misc. LEXIS 4579 (N.Y. Sup.[…]
Read moreThe Discovery of Electronically Stored Information has many surprises, ranging from stating the form of production, the inadvertent production of privileged material and defensible search terms. A very surprised lawyer fought a First Amendment objection they probably did not see coming during a deposition. In Quixtar Inc. v.[…]
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