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
Since the revelations of Edward Snowden, there has been a wave of data privacy repercussions in Europe. Snowden, the former CIA employee and US National Security Agency (NSA) contractor, disclosed top secret NSA documents...more
Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link below to an article...more
Today, President Obama delivered an address announcing reforms to the NSA's domestic surveillance programs. Following a deluge of leaks concerning the NSA's domestic operations, President Obama created an advisory panel to...more
RPM Pizza, LLC v. Argonaut Great Central Ins. Co., 2013 WL 6054551 (M.D. La. Nov. 15, 2013).
In this insurance claim case, an intervening plaintiff objected to the defendant’s production. The defendant produced ESI in...more
In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more
On 19 December 2013 the Court of Justice of the European Union rendered an important judgment concerning the interpretation of Article 7 of Directive 96/9/EC regarding the legal protection of databases (the 'Database...more
It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more
In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more
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
In 1891, Arthur Conan-Doyle wrote a Sherlock Holmes short story entitled “A Case of Identity”. In it, he solves a mystery in part by determining that several different letters were all typed on the same typewriter:
Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013).
In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more
•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.)
•LEGACY: Information from older systems no longer actively supported and not easily...more
In our ever-shrinking, interconnected world, it is imperative that legal practitioners establish expertise in international ediscovery law. One of the most dramatic evolutions in ediscovery is occurring in the Asia-Pacific...more
Any attorney who has reviewed documents collected from a client could tell you that email is often the primary way in which people communicate matters of importance. Unfortunately – both for the attorney who has to review the...more
Metadata as blessing and burden -
The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate...more
The standards for admitting metadata have yet to be codified. If you are trying to get metadata admitted, you should develop the following factors articulated by Edward Edward J. Imwinkelried, a UC Davis law professor and...more
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