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Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

Brown v. Tellermate: Cloud-based Data and E-discovery

According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool...more

Keywords Vs. Technology-Assisted Review: Are They Mutually Exclusive?

Recently in Bridgestone Americas, Inc. v. International Business Machines Corp., U.S. Magistrate Judge Joe Brown of the Middle District of Tennessee addressed the plaintiff’s request to use technology-assisted review (TAR) on...more

Circuit Court Finds Failure to Provide Sufficient Evidence, Affirms Denial of Sanctions (Ohio)

Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014). In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...more

Court Allows Plaintiff to “Switch Horses in Midstream” and Use Predictive Coding (Tennessee)

Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., No. 3:13-1196, 2014 BL 202049 (M.D. Tenn. July 22, 2014). In this ongoing case, the plaintiff sued the defendant for a $75 million computer system that it claimed...more

Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Wearable Technology: A Perfect Fit For Litigation

It should come as no surprise that wearable technology and fitness trackers, such as Google Glass, the Jawbone UP, and the Narrative Clip are saturating the consumer market, and as a result, consumers are increasingly...more

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

Audit Trails: Pitfalls of Electronic Medical Records, Part III

I do not profess to be an expert in the complexities of metadata in an electronic medical record (EMR). In simple terms, it is analogous to leaving footprints in the sand; although these do not wash away with high tide. In...more

ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?

My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

You Can Run, But You Can’t Hide From Sanctions in Discovery

In an October 2013 order in Digital Vending Services International, Inc. v. University of Phoenix, the judge refused to grant the defendants’ request for spoliation sanctions but punished the plaintiff for its disclosure of...more

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

Love, But Don’t Leave, Your Litigation Holds

If your company is like many organizations, once a legal hold is set in motion, it becomes yesterday’s news…and is promptly forgotten about in favor of more pressing matters. After all, at its essence, a litigation hold is...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a...more

The Spoliation of Text Messages

In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): The Current State of the...

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

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

Securing The Package Before It Goes Out: A Guide To Encryption

Preparing a production to opposing counsel is no longer a simple matter of Bates labeling paper documents, making copies of them, and putting the copies in a FedEx box. The advent of electronic discovery has made the...more

The Evolution of Technology in Litigation Document Discovery

It is widely recognized that one of the most expensive aspects of complex litigation is the electronic discovery (“e-discovery”) phase of the case. This process involves exchanging documents and other information in...more

Top 5 Ediscovery Case Summaries – August 2013: Pennsylvania - Proportionality Must Be Considered for Spoliation Sanctions

PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013). In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more

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