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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
Go to Electronic Discovery & Evidence, find other Law Technology blogs, or browse all law blogs.
"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, 2011In 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, 2011Moreno 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, 2011The 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, 2011In the seminal decision of Nat'l Day Laborer Org. Network v. Immigration & Customs Enforcement Agency, 2011 U.S. Dist. LEXIS...
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, 2010The 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, 2010In 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, 2010In 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, 2010Effective 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, 2010Romano 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, 2010Lexis 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, 2010In 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, 2010For 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, 2010In 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, 2010In 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, 2010In 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, 2010In 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, 2010In 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, 2010In 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, 2010After 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, 2010Though 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, 2010During 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, 2010The 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, 2010In 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, 2010A friend of mine, Mark Lassiter, reminded me of the security risk of office copiers, yes, OFFICE COPIERS. A short...
Next
Thinking About Destroying that Computer That Contains Damaging Evidence? Think Again.
We are squarely in the age of electronic discovery, and courts hav...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...

Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
My aunt can no longer take care of herself, my mother would like to take her back to florida with her, but my aunt has a car an condo and other things take need to be taken care of, and there is evidence of another famil
You have to petition the probate court in her state and county to file as legal ...








