During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior senator from Kentucky),...more
The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more
In This Issue: -
- Attorney-Client Privilege/Work Product Decisions:
..Decisions Protecting Against Disclosure
..Decisions Ordering Disclosure
- Spoliation and Preservation Decisions:
Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015).
In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more
A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more
There are so many complicated aspects to SEO we often forget about the smaller, foundational elements that can have an impact. These kinds of things are often overlooked, easy to change and (unlike a lot of other elements of...more
Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015).
In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued...more
Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more
In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more
Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of...more
As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more
Nearly two years ago, Edward Snowden, a contractor working with the U.S. National Security Agency (“NSA”), revealed startling details of widespread surveillance practices by the U.S. government into telephone and Internet...more
Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications...more
To take a break from pure e-discovery, we wanted to focus on something fun. Now that Selection Sunday is behind us, it is time to get down to the important business of filling out brackets for the NCAA Division 1 Men’s...more
A recent decision of the Federal Court of Canada has addressed issues that have received little judicial consideration in Canada, specifically whether use of a competitor's registered trademark in metatags constitutes...more
Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more
Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014).
In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more
"Meta Tags" are HTML codes entered into the source code of a webpage providing for information on the nature and content of such webpage, which are used to facilitate the indexing and referencing of such a webpage in search...more
Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more
Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more
Most of us have created a new file using an old one as a template. Although we save the file under a separate, new name, the embedded metadata from the old file, such as tracked changes or comments in Microsoft Word,...more
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
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
Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014 :
Defendant CafePress operates a website that allows users to upload images for printing on products that others can purchase, such as T-shirts....more
As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more
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