Second Edition Released! eLL blog reviews Managing Discovery of Electronic...
Welcome back for the third and final part of our series summarizing and highlighting the most important parts of the new electronic discovery pocket guide for federal judges. Part One focused on the...
View ArticlePlaintiff Is Not a Pirate: Joint Venture Company Downloads Files from...
In Joseph Oats Holdings, Inc. v. RCM Digesters, Inc., the United States Court of Appeals for the Third Circuit vacated a District Court decision which held that plaintiffs had wrongfully copied...
View ArticleConference Recap –“Hot Topics in E-Discovery”
Attendees of “Hot Topics in E-Discovery,” an advanced E-Discovery conference hosted by Suffolk University Law School, gained invaluable insight on Friday, as a panel of four National E-Discovery...
View ArticleCourt’s Broad Definition of “Control” Requires That Litigation Hold Include...
For discovery purposes, “control” over documents does not necessarily require actual physical possession. In fact, certain agency contracts can designate that a company has “control” over documents...
View ArticleIn an Electronic World, Always Use the Paper Trail
A higher-up sexually harasses a mid-level employee. This sounds like every company’s bi-annual Human Resources lecture, but I’ll spare the burnt coffee and “trust falls” because the details in this...
View ArticleIs It Safe to Delete Your Groupon E-mails?
Often, when entering one’s e-mail account, a person will encounter a plethora of advertisements, chain e-mails, spam, and other irrelevant junk mail. Pursuant to their daily habit, one sifts through...
View ArticleFailure to Reasonably Inquire About the Completeness of Your Discovery Can...
A lawsuit over a policy charging plane passengers for their checked luggage has put lawyers across the country on notice as to what constitutes a “reasonably inquiry” when it comes to complying with...
View ArticleIntra-Office E-mails: What Used To Be Unreported Office Gossip Now...
Serious problems can arise when what used to be office gossip around the water cooler instead manifests in discoverable intra office e-mails. Recent lawsuits filed against financial giants such a...
View ArticleWhen Parties Fail to Cooperate During Discovery, Everybody Loses
It’s no secret that courts prefer settlements over protracted litigation. Because the court system encounters an incredibly heavy case load, parties are heavily encouraged to resolve disputes amongst...
View ArticleHath No Fury Like A Scorned Employer: Using Discovery As A Weapon
Lawyers love playing “the game”: the passive-aggressive chess match of paperwork requests and time-stall battles with the opposing attorney. At first glance, botched production can look like sloppy...
View ArticleWhen eDiscovery Exists in Only One Format, Requesting Parties Must Make Do
Some types of electronically stored information (ESI) can be viewed in formats so ubiquitous that instructions are unnecessary and it can be assumed that everyone has the software necessary to access...
View ArticleIncompatible Software Leads to Cost-Shifting in eDiscovery
The issue in this case involves a dispute arising out of the Plaintiff’s failure to produce information, namely bookkeeping data, in a readable format. After the Defendant requested the Plaintiff’s...
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...
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 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 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 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 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 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 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...
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