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300 GB Email Search Rejected in E-Discovery Case

by Zapproved LLC on

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), 2017 U.S. Dist. LEXIS 164015 (S.D. Cal. Oct. 3, 2017). In this patent case, the court denied the plaintiff’s motion to compel in full. The court...more

Latest Batch of 2017 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We update our cheat sheet devoted to ediscovery for defendants differently than the others. Because of the broad nature of the topic – these cases arise in a wide variety of non-drug/device contexts – other personal injury,...more

Court Rejects Discovery Burden to Allow Additional Custodians Search

by Zapproved LLC on

Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017). In this consolidated wrongful detention case, the court granted the plaintiffs’ motion to compel in part, ordering the...more

Employers: Beware of Form I-9 Email Scam

In a statement released yesterday, the Department of Homeland Security (DHS) warned that employers across the United States have been receiving scam emails requesting information from and copies of the Form I-9, Employment...more

November Trust and Estates Litigation Advisory

by Goulston & Storrs PC on

Since our last newsletter, there has been one significant development in the Probate and Family Court, and one decision of note. First, effective as of November 20, 2017, the Probate and Family Court issued Standing...more

How to Quickly Spot a LinkedIn Faker

by Adrian Dayton on

How do you know if an account is fake? A few months ago, I received a connection request from a Private Banker in the UK. I do work with some financial services companies, so I accepted the connection request. Almost...more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

Chris Lazarini Analyzes Case Alleging Conspiracy Against FINRA and an Email Archiving Vendor

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which Plaintiffs, attempting to overcome an earlier dismissal of their claims, alleged a conspiracy between an email archiving vendor and FINRA in support of their...more

Data Privacy + Cybersecurity Insider - November 2017 #3

by Robinson & Cole LLP on

We previously warned readers about the Locky ransomware, which is potent and designed to use phishing emails to lure users to click on links and attachments, including pdfs. Now, researchers at Cylance have discovered...more

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

by Zapproved LLC on

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs...more

The Rise of Smartphone-Fueled, Social-Media-Addicted Smartphone Zombies

by Shipman & Goodwin LLP on

Yesterday, I had the opportunity to speak to the IASA Northeastern Conference on a favorite topic of mine of late — Privacy and Data Breaches in the workplace. Of course, that sounds kinda of boring....more

Privacy Tip #114 – Your Email May Have Been Hijacked and You Don’t Know It

A new study by Google, the University of California Berkeley and the International Computer Science Institute has concluded that email users are being threatened by massive credential theft and phishing schemes are the...more

Defence & Indemnity - October 2017: I. INSURANCE ISSUES A.

by Field Law on

I. INSURANCE ISSUES: A. Where an insured’s employee followed an email from a fraudster posing as a vendor to change the electronic payment instructions to an account controlled by the fraudster, coverage was denied under...more

California Securities Law Claims Founder On Personal Jurisdiction

by Allen Matkins on

Establishing personal jurisdiction may seem mundane, but without it a plaintiff may soon find itself out of court, as did the plaintiff in Marshall v. Galvanoni, 2017 U.S. Dist. LEXIS 185530....more

The First and Second Departments Split on What is Considered “Documentary Evidence” on a Motion to Dismiss Under CPLR 3211(a)(1)

CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence.” The CPLR does not define the...more

Practical Reminder: Personal Email Is Discoverable

by SmithAmundsen LLC on

Last week, a federal judge presiding over a sex discrimination case ordered several members of management to search their personal email accounts and turn over all relevant information. The ruling serves as a reminder of the...more

Searching for How: The Federal Circuit’s Continued Quest under Alice

by Knobbe Martens on

On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35...more

Addressing the Inconsistent Email Address: eDiscovery Best Practices

by CloudNine on

I recently had a client who was trying to search a fairly sizable archive in CloudNine (about 2.75 TB comprised of several million documents) and searching for emails to and from a given custodian. That search proved a...more

New E-Discovery Guidance for Companies and Litigators

by Payne & Fears on

Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more

Do Not Respond To Emails Requesting I-9 Information

by Jackson Lewis P.C. on

The USCIS has issued the following notice regarding scam emails requesting I-9 information:- USCIS has learned that employers have received scam emails requesting Form I-9 information that appear to come from USCIS....more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Business Email Compromise: What It Is and What You Can Do

by Snell & Wilmer on

Business email compromise (“BEC”) is a type of cyberattack that is increasing at an alarming pace. The U.S. Federal Bureau of Investigation estimated in a May 2017 alert that global losses due to BEC scams totaled more than...more

After Objection, No Waiver of Privilege for Putting Information on File Share Site without Protection: eDiscovery Case Law

by CloudNine on

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017), Virginia District Judge James P. Jones sustained the plaintiff’s objections to the Magistrate Court ruling that the...more

European Court of Human Rights: Monitoring Employee Communications

by Faegre Baker Daniels on

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS

The FBI and Department of Homeland Security issued a joint statement on October 20 warning of an increased danger of a malicious “multi-stage intrusion campaign” to critical infrastructure industries, including the energy...more

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