Knotty Issues of eDiscovery
How do you authenticate “Read Receipt” auto-generated emails? Are the messages hearsay? This issue was raised by a Defendant who challenged “Read Receipt” emails generated by one of the Defendants after reading an email from the Plaintiff. The Court rejected the argument that the “Read Receipt” email was unauthenticated hearsay.[…]
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 Criminal Defendant maintained an online business that was a shame: Orders were made and money paid, but the items ordered were either not sent or non-conforming goods instead. This is all fun and games for the Defendant until an undercover FBI agent placed orders in a sting operation. The[…]
Read moreA “conspiracy” is an “agreement by two or more persons to commit an unlawful act.” Black’s Law Dictionary, Pocket Edition, 1996. Like a tango dance, a conspiracy takes a partner. However, the number of people in a conspiracy can quickly make it look like a square dance, with everyone needing to[…]
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The University of Kansas sued a sportswear company claiming violations of state and federal trademark laws through the unauthorized and unlicensed sale of the school’s apparel. Univ. of Kan. v. Sinks, 565 F. Supp. 2d 1216; 2008 U.S. Dist. LEXIS 23765 ( D. Kan., March 19, 2008 ). The Plaintiff[…]
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