United States v. Tutt, 2013 WL 5707791 (E.D. Mich. Oct. 21, 2013).
In this criminal case, the court granted the defendant’s subpoena duces tecum for the production of the arresting officers’ personnel files, internal...more
Banas v. Volcano, 2013 WL 5513246 (N.D. Cal. Oct. 4, 2013).
In this search dispute, the defendants unilaterally adopted a “triangulation” approach to identifying ESI responsive to the plaintiffs’ requests for...more
Perhaps the most critical point of time in an ediscovery matter is when the attorneys and litigation teams learn ediscovery will play a significant role in the case. Whether the red flag comes from a client’s dust-coated...more
The art of communication has changed considerably over the past few years. Rather than in-person or telephonic, the majority of communications in today’s business world are electronically transmitted. Likewise, professional...more
Ruiz-Bueno, III v. Scott, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013).
In this wrongful death case, the plaintiffs moved to compel answers to interrogatories regarding the defendants’ “methods used to search for...more
Digital Vending Servs. Int’l, Inc. v. Univ. of Phoenix, Inc., 2013 WL 5533233 (E.D. Va. Oct. 3, 2013).
In this intellectual property case, the defendants filed a motion for sanctions due to the plaintiff’s alleged...more
Increasingly, we interact with the world around us through digital devices and social media. Compared to decades past, our most essential information is now stored on a computer or hand-held device. Everything can now be done...more
Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013).
In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more
Google glass will impact ediscovery in two ways. The first is evolutionary: there is no doubt that courts will deem non-privileged, relevant electronically stored information (ESI) on these devices as a discoverable type of...more
On November 14, 2013, the Florida Supreme Court adopted amendments to the Uniform Guidelines on the Taxation of Costs that specifically allow a successful litigant to recover certain e-Discovery expenses. The amended...more
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...more
Big Data, Structured Data, Unstructured Data – these terms are becoming the buzzwords of ediscovery, but what do they mean?
Structured data refers to information residing inside complex applications, such as...more
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
On June 25, 2013, the French Supreme Court rendered a corner-stone decision for all agreements dealing with personal data.
In 2008, a company sold its electronic customer file to its successor in business. It quickly...more
Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more
American Home Assurance Co. v. Greater Omaha Packing Co., Inc., 2013 WL 4875997 (D. Neb. Sept. 11, 2013). In this case, the plaintiffs made a motion to compel discovery of emails and other electronically stored information...more
The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate...more
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate...more
German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more
Imagine an app that lets you send 10-second picture messages… and then the pictures get deleted forever. Welcome to SnapChat, the app allegedly used by Wall Street moguls for insider trading and a platform for new fashion...more
From 1936 to 1938, German inventor Konrad Zuse built the first modern computer... in his parents’ living room.
The world’s first data protection act was adopted in Germany in 1970.
In 1970, the US Federal Rules...more
A recent study looked at how the shift from paper documents to electronically stored information (ESI) has led to sharper increases in discovery costs.*
The study found that for every dollar spent on ESI production,...more
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