Electronic Discovery Civil Rights

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California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...more

Effective Discovery Requires Effective Communication

As the Southern District of Ohio recently noted in Brown v. Tellermate Holdings Ltd., “[t]here may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the...more

Though Destruction of Evidence was Egregious, Lesser Sanctions Ordered (New York)

Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014). In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more

Employer Sanctioned for Failing to Issue a Litigation Hold After Notice of EEOC Charge

In a case from the United States District Court for the Western District of Washington, an employer and its attorneys were sanctioned for spoliation of evidence caused by the employer’s failure to issue a litigation hold and...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Can the Government Search Your iPad or iPhone at the Border?

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

EEOC Plaintiff Must Disclose Passwords to Former Employer

A Colorado federal judge ordered that a person suing her former employer must provide all of her cell phone messages, social media passwords, and passwords to access any of her email accounts or blogs for the judge’s in...more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant...

Originally published on i-Sight.com's blog: “How to Mismanage E-Discovery in a Workplace Investigation.” There’s no such thing as passing the buck when it comes to e-discovery. Although attorneys may assume that they can...more

5 Things to Consider When You Are Served with a Lawsuit [Video]

Scott Leipzig, a Los Angeles-based litigator, describes five things to consider when you are served with a lawsuit. 1. Protect Privilege: Internal communications often become the smoking gun in a Plaintiff’s case. All too...more

Webb Sanders & Williams Fall 2011 Newsletter

Brief and to the point updates on MS, 5th Circuit and national legal news of importance....more

Stone v. Paddock Publications

Amicus Brief of EFF and Media Freedom and Information Access Practicum in Support of Defendant-Appellant

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Cyberspace in the Workplace

This article examines two cases which require companies to have clear Internet and E-mail use and monitoring policies to avoid violating the Stored Communications Act and/or an employee’s right to privacy. ...more

Stone v. Paddock Publications

Appellate Brief of Defendant-Appellant

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Memorandum and Order Compelling Comcast to Disclose Identity Information

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Reply in Support of Motion in Opposition to Turnover of Identity

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Reply in Support of Motion to Disclose Comcast's Response to Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Response to John Doe's Motion in Opposition to Turnover of Identity

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Response to Motion to Disclose Comcast's Response to Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Motion in Opposition to Turnover of Identity

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Motion to Disclose Comcast's Response to Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Order Denying Motion to Quash

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Reply in Support of Motion to Quash Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

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