Civil Procedure › Commercial Law & Contracts › Electronic Discovery

Laying Foundation for Meta Data and Websites

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Campmor, Inc. v. Brulant, LLC

Order on Motions in Limine

An unusually detailed ruling on various pretrial motions in limine...more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

Montana Bankruptcy Court Confirms Electricity Is a “Good” Under the Bankruptcy Code

The United States Bankruptcy Court for the District of Montana in connection with In re Southern Montana Electric Generation and Transmission Cooperative, Inc. held that electricity was a “good” for purposes of section...more

Law Firms And Cloud Computing

The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud...more

E-Discovery Guidelines Coming To A Court Near You

New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

What is a "Clawback" Agreement?

We recently talked about how judges may deny overly broad discovery requests and the effect of performing ineffective searches on data. Well, what happens if a party creates the perfect search, reviews the documents that are...more

California Electronic Discovery Act

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

to Avoid Litigation Penalties, Why Data Retention Policies After #SocialMedia are a Must

Social media is business media. In 2012, everything from Twitter to Facebook are no longer relegated to the fringe of personal vanity projects. And to wit, company PR, HR, R&D, and every other conceivable department, has...more

Duty to Preserve: Third Parties

The duty to preserve potentially relevant evidence arises in every lawsuit or government investigation. The scope of the duty, especially in e-discovery, has given rise to myriad opinions. Most litigants are familiar enough...more

Ethics Committee Cracks Down on Unauthorized Practice of Law by E-Discovery Vendors

As many e-discovery vendors and staffing companies have expanded the scope of services they offer, the District of Columbia Bar Ethics Committee (“BEC”) has considered whether they are engaging in the unauthorized practice of...more

The Legal Four Corners Of Social Media And E-Discovery For Businesess

Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a 2010 study, numbers on the conservative side show that 65% of Fortune Global 100 companies have...more

Legal Alert – May 2012 – Admissibility of Electronic Evidence

In this Issue 1. May 2012 – Admissibility of Electronic Evidence 2. Copyright and Disclaimer Notices 3. Subscribe and Unsubscribe Introduction The inestimable benefits of the various advancements in information and...more

New York Appellate Court Adopts Zubulake in Imposing Adverse Inference for Handling of E-Mails

A leading appellate court in New York has now adopted the stringent rules applied in federal courts prescribing an early date by when documents and information must be preserved and imposing the tough sanction of adverse...more

The Pitfalls Of Paperless Discovery

Orginally Published in Law360 on February 23, 2012. Litigation discovery has evolved. Once, discovery meant calling up your client and asking her to look through her files to locate relevant information, resulting...more

Electronic Document Retention And Storage Gives You The Edge In Litigation

An article that gives practicle advice on how to prepare for electroic dislosure within civil court proceedings and how to gain an edge in court actions....more

E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses

Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a study last year, so the numbers are already on the conservative side, 65% of Fortune Global 100...more

Econtracts Admissibility in Indian Courts

Econtracts Admissibility in Indian Courts , relevant sections under various indian laws are discussed in this article...more

You're Exonerated: Exploring the "Sham Guaranty Defense to Eliminate Liability Under a Guaranty

Lenders commonly require principals of a company to personally guarantee a real estate loan. While the business may be protected by California’s antidefiency statute, guarantors are not. Lenders also carefully draft...more

Litigation Alert: Business Litigation Session “Pilot Project” To Reduce Spiraling Discovery Costs Takes Flight

In response to the growing burden that the discovery of electronically stored information (ESI) has placed on corporate litigants, the Massachusetts Superior Court’s Business Litigation Session (BLS) has implemented a...more