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Court Instructs Adverse Inference for Lawyer’s Failure to Advise Preservation of Social Media (Nevada)

Painter v. Atwood, 2014 WL 1089694 (D. Nev. March 18, 2014). In this sexual harassment case, the defendants claimed that the plaintiff and her two main witnesses intentionally destroyed text messages and Facebook posts that…more
| Civil Procedure, Electronic Discovery

Court Rules that Parties Requesting ESI Should Organize it Themselves (New Mexico)

Anderson Living Trust v. WPX Energy Production, LLC, 2014 WL 930869 (D.N.M. March 6, 2014). In this matter, the parties agreed to a discovery plan in which the defendants would scan certain hard copy documents in the…more
| Civil Procedure, Electronic Discovery

FRCP Amendments: The Long and Winding Road

Just like in the Beatles song, the long and winding road leading to Federal Rules of Civil Procedure (FRCP) amendments took another turn on April 10th and 11th when the Advisory Committee considered the proposed rules package at…more
| Civil Procedure, Electronic Discovery

Heartbleed Won’t Bring Cardiac Arrest for Ediscovery

How do you stop a security professional’s heart from beating? Two words: security breach. In today’s “Internet of Everything” environment, the impact of a security breach can be felt around the world and back again…in a…more
| Electronic Discovery, Privacy, Science, Computers, & Technology

Three Good Reasons Why Even the Most Cutthroat Lawyers Should Want to Cooperate

Venturing down memory lane to when I was a first year law student with a thirst for knowledge, I’m reminded of the proverbial “Aha!” moment that struck me when all the information I’d been learning about distinct areas of law…more
| Civil Procedure, Electronic Discovery

Court Denies Sanctions Without Evidence of Timing of Destruction (Illinois)

Sokn v. Fieldcrest Cmty. School Dist. No. 8, 2014 WL 201534 (C.D. Ill. Jan. 17, 2014). In this discrimination lawsuit, the plaintiff was the only female principal in the defendants’ school district. The plaintiff alleged…more
| Civil Procedure, Electronic Discovery

Defendant Fails to Meet Safe Harbor Standards with Deletion of Metadata (California)

Gardner v. Cafepress, Inc., 2014 WL 794216 (S.D. Cal. Feb. 26, 2014). In this copyright case, the plaintiff alleged that the defendant infringed on the plaintiff’s copyrights to an image and sought the seizure and/or…more
| Civil Procedure, Electronic Discovery, Intellectual Property

Court Orders Limited Discovery in the Form of a Random Sample (New Jersey)

McPherson v. Canon Bus. Solutions, Inc., 2014 WL 654573 (D.N.J. Feb. 20, 2014). In this putative class action case, the plaintiff alleged violations of the Fair Credit Reporting Act in the defendant’s hiring practices…more
| Civil Procedure, Electronic Discovery

Court Imposes Sanctions for Manipulation of Metadata ( Texas)

T & E Inv. v. Faulkner, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014). In this case, the plaintiffs sought sanctions for the defendant allegedly manipulating metadata to try to conceal the use of an unproduced computer. The…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Endorses Use of Predictive Coding (New York)

Fed. Hous. Fin. Agency v. HSBC, 2014 WL 584300 (S.D.N.Y. Feb. 14, 2014). In this housing case, the plaintiff, which regulates Fannie Mae and Freddie Mac, sued 18 banks, over misrepresenting the quality of mortgage loans…more
| Civil Procedure, Electronic Discovery

Predictive Coding Semantics: Step out of the Rain!

A few years ago, we wrote about predictive coding going mainstream; shortly thereafter we wrote a series debunking the most common myths about predictive coding; then, we even went so far as to break down predictive coding…more
| Electronic Discovery, Science, Computers, & Technology

Opened, Web-based Emails Are “Electronic Storage” as Defined by the Stored Communications Act (Massachusetts)

Cheng v. Romo, 2013 WL 6814691 (D. Mass. Dec. 20, 2013). In this action, the plaintiff sued defendant for accessing the plaintiff’s web-based emails without authorization under the Stored Communications Act (SCA). The…more
| Civil Procedure, Electronic Discovery

Court Imposes Large Sanctions for Bad Faith Actions During Discovery (Illinois)

In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, 2013 WL 6486921 (S.D. Ill. Dec. 9, 2013). In this pharmaceutical litigation, the plaintiffs’ steering committees requested sanctions stemming from the…more
| Civil Procedure, Electronic Discovery, Products Liability

Court Denies an Adverse Interference Absent Materiality (New York)

Cognex Corporation v. Microscan Systems, Inc., 2013 WL 6906221 (S.D.N.Y. Dec. 31, 2013). in this patent infringement suit, the defendants moved for sanctions for spoliation of a disk that was essentially destroyed during…more
| Civil Procedure, Electronic Discovery, Intellectual Property

“Promptness” of a Clawback Request for Inadvertent Disclosure Must Be Reasonable (Washington)

RIPL Corp. v. Google Inc., 2013 WL 6632040 (W.D. Wash. Dec. 17, 2013). In this trademark infringement case, the defendant and plaintiff entered into a stipulated protective order which included a clawback provision…more
| Civil Procedure, Electronic Discovery
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