Joshua Gilliland – Bow Tie Law Blog

What Does a TRO Look Like to Preserve & Produce ESI?

The Federal Trade Commission filed for a permanent injunction and temporary restraining order against the Defendants for violation of the Federal Trade Commission Act. The FTC sought the preservation of the Defendants’ “…assets…more

| Civil Procedure, Electronic Discovery

Don’t Tell the Court “Keine Rechtsprechung”

In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company entered into a contract with a German company to sell electronic discovery forensic software in Germany…more

| Civil Procedure, Electronic Discovery

5150 Texting, Drinking & Guns Don’t Match

A man was prohibited from owning fire arms and appealed the decision. The road leading up to the gun ban started on November 2, 2008…after fighting and texting with his girlfriend. People v. Akers, 2010 Cal. App. Unpub. LEXIS…more

| Electronic Discovery

Enforcing Injunctions Against 3rd Parties in Online Defamation

The Plaintiffs in Blockowicz v. Ramey were victims of online defamation on social networking and other websites. The Plaintiffs were successful in getting a default judgment against the Defendants and an injunction to remove…more

| Civil Procedure, Civil Remedies, Electronic Discovery

No Reasonable Expectation of Privacy in Abandoned CD’s

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment. The Supreme Court of New Hampshire found he had no expectation of privacy in the…more

| Criminal Law, Electronic Discovery

In the War of the Roses, It is Best to Change Your Email Password

In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her ex-husband’s email password since their separation in 2006. The wife accessed the husband’s email account and claimed to find email…more

| Civil Remedies, Electronic Discovery, Privacy

Discovery Games in Gaming Litigation

The Plaintiffs brought a motion to strike and a motion for sanctions for discovery misconduct in responding to requests for electronically stored information. Maggette v. BL Dev. Corp., 2009 U.S. Dist. LEXIS 116789 (N.D. Miss…more

| Civil Procedure, Civil Remedies, Electronic Discovery

Federal Rule of Evidence 502(b): Not to be Gutted Like a Fish

Magistrate Judge Facciola addressed Federal Rule of Evidence Rule 502(b) with the inadvertent disclosure of a memorandum protected by the work product doctrine, in a case involving an officer with the DC Department of…more

| Civil Procedure, Electronic Discovery

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