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Law Technology

Electronic Discovery & Evidence Electronic Discovery & Evidence

A daily digest of cases, comments and other matters relating to electronic discovery and electronic evidence.

Post Frequency: 0.7/day

Last Entry: March 08, 2011 at 11:07:00

Recent Entries: 142

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"Fox Gaurding the Hen House" - Key Employee Failed to Search For Relevant and Critical ESI - Court Orders Civil Contempt Sanctions and Disclosure in Other Lawsuits or Face $500,000 Sanction

Posted on March 08, 2011
In this product liability case, it was discovered after trial that the defendant withheld critical, relevant ESI. In defense, the...


California Court Labels Producing Party's eDiscovery Actions a "Charade"

Posted on March 07, 2011
Moreno v. Ostly. In this appellate review, the producing party strenuously contested production of the plaintiff's cell phone and computer...


The Expanding Role of Search in

Posted on February 15, 2011
The Expanding Role of Search in E-Discovery What corporations and their counsel need to know about the new rules governing...


Metadata Must Accompany Documents Pursuant to Federal FOIA Request

Posted on February 14, 2011
In the seminal decision of Nat'l Day Laborer Org. Network v. Immigration & Customs Enforcement Agency, 2011 U.S. Dist. LEXIS...


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Model Jury Instruction Recommended To Deter Juror Use Of Electronic Communication Technologies During Trial

Posted on December 20, 2010
"Judicial Conference Committee on Court Administration and Case Management issues model jury instruction ?to help deter jurors from using electronic...


NY Court Refuses to Relieve Burden of Law Firm to Delete Confidential Business Informtion

Posted on November 26, 2010
The Court affirmed the lower court's decision upholding a "confidentiality agreement" requiring a law firm to destroy all confidential business...


Judge Facciola Denies Proportionality Request

Posted on November 23, 2010
In this condom monopoly inquiry, the defendant argued that the FTC's request was unduly burdensome. The Court rejected the burdensome/proportionality...


The Dangers of "BCC'ING" Your Client!

Posted on November 22, 2010
In a contractual dispute, defendant's counsel sent an e-mail to opposing counsel and blind copied (bcc) his client. His client...


Personal/Business Use or eDiscovery Source

Posted on November 05, 2010
"We?re obviously tech guys. So, when something goes digital, we?re the first to check it out. Everyone misses phone calls...


Mainframes to Client/Server to Cloud Computing - "Federal government picks 11 cloud-computing vendors"

Posted on November 04, 2010
"The General Services Administration last week said it has approved 11 companies to sell the infrastructure for cloud -- or...


New NY eDiscovery Preliminary Conference Rule

Posted on October 12, 2010
Effective as of July 27, 2010 Rule 1(b) of section 202.70 (g) of the Uniform Rules for the New York...


New York Court Allows Discovery of Social Networking Content

Posted on October 11, 2010
Romano v Steelcase Inc., 2010 NY Slip Op 20388, 1 (N.Y. Sup. Ct. Sept. 21, 2010). In this personal injury...


Former FTC Employee Files Complaint Over Google Privacy

Posted on October 11, 2010
"A former Federal Trade Commission employee has filed a complaint with the agency accusing Google Inc. of not adequately protecting...


3rd Edition of Arkfeld on Electronic Discovery and Evidence Released!

Posted on October 05, 2010
Lexis and Law Partner Publishing are pleased to announce the release of the 3rd Edition of Arkfeld on Electronic Discovery...


Coming October 1, 2010 - 47 page Information Technology Discovery Questions

Posted on September 23, 2010
In addition to the significant enhancements to this 3rd edition of the Arkfeld on Electronic Discovery and Evidence treatise is...


Coming October 1, 2010 - "Meet and Confer" Planning Guide

Posted on September 17, 2010
For more details click here!


Party's Spoliation to be Treated as Criminal Contempt and Defendant Sentenced to Two Years of Imprisonment Unless He Pays Attorney's Fees and Costs

Posted on September 17, 2010
In this copyright infringement action, the defendant intentionally spoliated ESI in several instances. Though preservation orders were issued the defendant...


Defendant's IT Representative Given Immunity in Civil Case from Prosecution for Possible Perjury Based on her Prior Affidavits and Testimony

Posted on September 09, 2010
In what appears to be a case of first impression, the defendant's IT representative was provided immunity from prosecution for...


Dispositive Sanctions Ordered, IT Representative Given Immunity and Outside and In-House Counsel Credibility Questioned in ESI Concealment Case

Posted on September 09, 2010
In this case, victims of a bus accident who were traveling to a casino to gamble sought to include the...


New York Court Denies Preliminary Injunction in Trade Secret Case Involving a Lost Thumb Drive

Posted on September 01, 2010
In this extensive analysis involving a trade secret and restrictive employment agreement case, the Court found no basis to issue...


New York Court Imposes Computer Inspection Protocol

Posted on August 30, 2010
In this divorce action, the wife sought a forensic image of the husband's, an attorney, hard drive because she suspected...


New Voice Mail Location - Google Gmail

Posted on August 26, 2010
"Google Voice lets you manage all your phone communications and seamlessly make and receive calls on any of your existing...


Court Fashions "Clawback" Order Over Objections of a Party

Posted on August 26, 2010
In this noteworthy decision, the Court found that it had the authority to issue a "clawback" agreement over the objections...


Illinois Appellate Court Dismisses Lawsuit for Spoliation of Laptop ESI

Posted on August 26, 2010
After sending a preservation letter, and attempting numerous times to arrange for a forensic examination of the plaintiff's computer, the...


Court Affirms Taxation of eDiscovery Costs Absent Cost Allocation Agreement

Posted on August 25, 2010
Though the parties had agreed to develop a cost allocation agreement, the parties failed to do so. This formed the...


REQUIREMENT: Counsel Must Have "interactive access" to ESI Population

Posted on June 11, 2010
During my research for the update to my publications, I found this important article which I would request be forwarded...


Pension Committee Case Amended for a Second Time

Posted on June 08, 2010
The Honorable Shira Scheindlin entered a second amended relating to her Pension Comm. of the Univ. of Montreal Pension Plan...


Court Imposes Monetrary Sanctions Against Counsel for Failing to Understand Client's Computer Document Retention System

Posted on May 14, 2010
In this case, the Court imposed monetary sanctions, for 1/2 of the cost of forensic searches and the costs of...


Just Released! Update to Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds

Posted on May 07, 2010
"PHOENIX, AZ ? Law Partner Publishing and LexisNexis announce the release of the March, 2010 edition of its acclaimed Arkfeld...


CAUTION: SECURITY RISKS OF OFFICE COPIERS

Posted on May 07, 2010
A friend of mine, Mark Lassiter, reminded me of the security risk of office copiers, yes, OFFICE COPIERS. A short...


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