Protection For Blogs Can Stop Discovery On Personal Blogger Information!
This case involves ACT, a career guidance service firm that assists job seekers throughout their job search, suing Daniel Drasin, the administrator of a blog known as Random Convergence. According to...
View ArticleTake Discovery Seriously
The court first directed the defendant to produce the file of the plaintiff’s insurance claim in 2007, and needless to say, even in 2014 the defendant still had not produced everything. Over one year...
View ArticleSearch Terms Must Be Arguably Relevant to Stand Judicial Review—Potential...
Federal Rules of Evidence Rule 401 defines something as relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of...
View ArticleWhat Happens When the Smoking Gun is Thrown in the Recycling Bin?
In January 2014, the Hon. Lawrence E. Kahn in the U.S. District Court for the Northern District of New York granted plaintiff Dataflow, Inc.’s motion for sanctions in a case regarding deleted email...
View ArticleRecycling—Helps the Earth, Saves Lives, and Destroys Electronic Evidence
“Recycle,” “conserve,” “waste,” and “pollution” are terms that were implanted into the minds of each of us at a young age and are now they are being instilled into companies worldwide as a measure to...
View ArticleWhen Is An Employer Permitted To Monitor and Review An Employee’s Internet...
On March 10, 20108, Marc Liebeskind began working at Rutgers Facilities Business Administration Department. By March 28 of that year, Liebeskind was terminated for lacking the basic skill set needed...
View ArticleCan Your Facebook Page Be Used Against You? Social Media and the Criminal Trial
We all have personal social media pages. No matter who you are, you likely have an online presence in the form of a profile on one of the many sites available on the Internet. One who simply forgets...
View ArticleCourt Protects Against Requested Deposition of An IT Witness for Fear of...
Philips and Hunt may have been debating the ownership of the tagline “Sense and Simplicity,” but it seems the U.S. District Court for the District of New Jersey was more interested in exploring the...
View ArticleShould I Obstruct Discovery?—A Classic Pyrrhic Victory Problem
A pyrrhic victory is defined by winning an early battle but eventually losing the war because of the costs and expenses of that earlier battle. Everyone has heard the phase, “you may have won this...
View ArticleWill A Tangled Web of Preservation Failures Lead to Sanctions?
Preserving electronic data can be a challenge for companies with multiple data centers. However, what we have here is a failure to communicate. The case at issue is an ERISA class action against...
View ArticleWant to Produce Documents? Produce Something Else First.
The plaintiff, Torrington Co., sought to challenge a final determination made by the International Trade Administration of the United States Department of Commerce. The case centered upon the discovery...
View ArticleHow Can You Be Found Guilty of Computer Sabotage When You’re No Longer...
On July 31, 1996, plaintiff Omega Engineering Corp. (“Omega”), a New Jersey based company, lost its computer programs relating to design and production permanently from its system. Omega manufactured...
View ArticleShould One IT Person Hold the Keys to the Kingdom? How the “Philippine Love...
Background Omega Engineering Corporation, an international company based in New Jersey, was once the employer of Timothy Lloyd. To put Omega’s importance into perspective, the U.S. Navy and NASA were...
View ArticleNew Age Technology: Brazilian and U.S. Courts “Scraping” the Surface of Legal...
This Article was originally published with Bloomberg Law Reports on November 9, 2011. The Internet has afforded anyone, anywhere, a wealth of information at one’s fingertips. Within the current and...
View ArticleFederal Judge Sanctions Corporate Defendant and Its Counsel for Gross...
In Brown v. Tellermate Holdings Ltd., Tellermate Holdings, the defendant company, terminated two employees for allegedly failing to meet sales targets over several years. The employees, feeling that...
View ArticleYou Might Want to Rethink Your Next Fishing Expedition in Tennessee
The scope of discovery, as stated in Federal Rule 26, has been construed very broadly in its relevancy standard. Any and all requesting parties can seek production of documents and information as long...
View ArticleCourt Rules In Favor for Precision in Regards to Limited Search Terms Used...
Whoever thinks that the legal world does not involve math is proven wrong through the Special Master’s analysis in Dornoch Holdings Int’l, LLC v. Conagra Foods, Lamb Weston, Inc. The heart of the...
View ArticleProportionality Considerations Make an Appearance in Apple v. Samsung
Throughout the oft-covered Apple v. Samsung patent litigation there has been a multitude of pretrial motions. Last August, United States Magistrate Judge Grewal ruled on Samsung’s motion to compel...
View ArticleAn Inmate vs. The State: Using an Adverse Inference to Level the Litigation...
Don’t override your surveillance tapes or video too soon, otherwise you could be subjected to spoilation sanctions if the evidence is later needed in court. This was the lesson the authorities at...
View ArticleWho Ya Gonna Call… Databusters!
Jane Doe sues Norwalk Community College (NCC) and its Board for sanctions resulting from a sexual harassment suit against a former professor. Doe moved to compel the inspection of certain electronic...
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