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Social Media Disclosure in Plaintiff ESI Production Requires Threshold Showing by Defendant
One new area of plaintiff electronic discovery that is often contentious is the request for access to personal social media accounts. Defendants are now commonly requesting total access to plaintiffs’ Facebook, Twitter, Instagram and other accounts as part of eDiscovery. Many plaintiffs understandably object to this, typically alleging the requests
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Ottawa Facing Class Action Lawsuit After Losing Electronic Files
The Ottawa government is facing a class action lawsuit after a portable hard drive containing electronic data regarding 500,000 student loan borrowers was lost. Contained in the hard drive is sensitive information about the borrowers who took out student loans from 2000-2006, including names, social insurance numbers, birthdates, loan information
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A Cautionary Tale: Attorney Misconduct Could Potentially Warrant Class Action Dismissal
In the case Reliable Money Order Inc. v. McKnight Sales Co. Inc., No. 12-2599 (Jan. 9, 2013), four named plaintiffs filed a lawsuit regarding unlawful “fax blasts” allegedly sent by defendant. During discovery conducted prior to the class action certification hearing, plaintiff trial attorneys received copies of the defendant’s back
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On Remand, Court Explaines Findings and Sanction in Rambus v. Micron
Our last blog reviewed the ongoing patent litigation case Micron v. Rambus, Civ. No. 00-792-SLR (D. Del.), where the findings of bad faith and prejudice, as well as the sanction, were vacated. On remand, what did the court decide? To find bad faith, the court must find the spoliating party
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Is this Finally the End of the Rambus v. Micron Evidence Spoliation Case?
The patent dispute case Micron v. Rambus, Civ. No. 00-792-SLR (D. Del.) has been ongoing for a few years now with a new order issued January 2, 2013. As a reminder, there were several instances of alleged litigation misconduct, including a Rambus witness recanting testimony regarding the document retention policy,
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Preservation Orders Issued for eDiscovery in Fungal Meningitis Cases
The plaintiffs in the potential multidistrict litigation In Re New England Compounding Pharmacy Cases secured a key win early on: the judge ordered preservation orders for tangible and electronic evidence held by defendants. The case stems from an incident last Fall when the defendant, New England Compounding, recalled three lots of
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Plaintiff eDiscovery Requests Lead to Wal-Mart Named as Defendant in Class Action
Last year, a group of workers filed a class action lawsuit in Carrillo v. Schneider Logistics, Inc., No. CV 11-8557-CAS (DTBx), alleging wage and hour violations in three warehouses located in California. During the time these allegations were taking place, Schneider was working for retail giant Wal-Mart, whom the lawsuit
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Supreme Court Spars Over Loophole in Plaintiff Class Action Statute
Oral arguments before the U.S. Supreme Court were heard last week in Standard Fire Insurance Co. v. Knowles over the Class Action Fairness Act of 2005, which allows defendants to remove cases from state to federal court when the potential class has over 100 members and the damages sought are more
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Court Finds Culpable Mind in Defense Spoliation of Plaintiff eDiscovery
So which side comes out on top for Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.)? Monday’s blog detailed the specific categories of electronic data discovery that plaintiff alleges to be missing from the defense production, and on Wednesday, we reviewed the defenses to the allegations
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Defense Strikes Back to Plaintiff eDiscovery Allegations of Spoliation
Our last blog listed the categories of electronic data discovery plaintiff alleges to be inadequate in the employment discrimination case Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.). The main spoliation allegations were that the defendant failed to issue a timely litigation hold, failed to produce