Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
Jason Maloni on Data Security
Safeguards against Data Security Breaches (Part Two)
LPOs Stealing Deal Work from Law Firms
Three Key Data Retention Questions
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
5 Things to Consider When You Are Served with a Lawsuit
Banas v. Volcano, 2013 WL 5513246 (N.D. Cal. Oct. 4, 2013).
In this search dispute, the defendants unilaterally adopted a “triangulation” approach to identifying ESI responsive to the plaintiffs’ requests for...more
Perhaps the most critical point of time in an ediscovery matter is when the attorneys and litigation teams learn ediscovery will play a significant role in the case. Whether the red flag comes from a client’s dust-coated...more
Ruiz-Bueno, III v. Scott, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013).
In this wrongful death case, the plaintiffs moved to compel answers to interrogatories regarding the defendants’ “methods used to search for...more
Digital Vending Servs. Int’l, Inc. v. Univ. of Phoenix, Inc., 2013 WL 5533233 (E.D. Va. Oct. 3, 2013).
In this intellectual property case, the defendants filed a motion for sanctions due to the plaintiff’s alleged...more
I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI -
- Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more
Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013).
In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more
When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more
Google glass will impact ediscovery in two ways. The first is evolutionary: there is no doubt that courts will deem non-privileged, relevant electronically stored information (ESI) on these devices as a discoverable type of...more
On November 14, 2013, the Florida Supreme Court adopted amendments to the Uniform Guidelines on the Taxation of Costs that specifically allow a successful litigant to recover certain e-Discovery expenses. The amended...more
In This Issue:
- The Duty to Preserve
..What triggers the duty to preserve?
..Who has a duty to preserve?
..What is the scope of the duty to preserve?
- Litigation Hold Notices
At this point, it is probably safe to assume that almost everyone has some concept of “big data” and the challenges that data proliferation pose for ediscovery. This blog alone has discussed the big data explosion (in some...more
Since ediscovery began, data has been collected, reviewed and produced individually, disconnected from any other ediscovery projects. Ironically, many ediscovery projects would benefit from leveraging other projects’ work and...more
Who should bear the burden of showing prejudice (or a lack thereof) as a result of spoliation? The innocent party or the spoliating party? This vexing catch-22, which requires proof of what isn’t there, has not only lead to...more
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more
Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013).
In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013).
In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more
Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013).
In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more
SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013).
In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more
In This Issue:
The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more
Big Data, Structured Data, Unstructured Data – these terms are becoming the buzzwords of ediscovery, but what do they mean?
Structured data refers to information residing inside complex applications, such as...more
Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more
Now firmly settled in the digital era, where more and more companies have transitioned to paperless environments and where generation of electronic documents and correspondence is the norm, discovery of electronic data, or...more
In oral argument, a litigator has very limited time—she needs to hit the
high points and move on. She must communicate enough information
to convince the judge or jury of her argument, yet must avoid getting