Category: Document Production

  • Open Season on Facebook for Plaintiff ESI Production? Not So Fast.

    22 Apr 2013

    There is a new trend emerging in civil litigation relating to plaintiff ESI production requests: defendants are now regularly demanding access to social media accounts, particularly Facebook. While the case law continues to evolve, many courts hold that defendants must make a “threshold showing” that information gleaned from a plaintiff’s

  • Court Recommends eDiscovery Consultant Help with Defense Production

    11 Mar 2013

    In the employment discrimination case Brown v. FPI Management, No. 4:11-cv-5414 YGR (N.D. Cal 2013), the court issued an order regarding a discovery dispute. The defendants objected to plaintiff electronic discovery requests seeking email communications between the defendant employer and third-parties employees about promotions within the company. The requests were

  • Google Subpoenaed to Produce Emails for Foreign Proceeding

    25 Feb 2013

    In Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.), the plaintiff, Optiver, filed suit in Australia, alleging its former employee stole proprietary information and disclosed such to his new employer, the defendant. In response to plaintiff eDiscovery requests, defendant produced email threads, but plaintiff suspected key emails were missing and

  • Court Rejects Excuses for Poor Electronic Discovery Defense Production

    6 Feb 2013

    Our last blog discussed the first part of the 2013 court opinion in Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), which compelled the deposition of a foreign managing agent to be conducted in the U.S. The second part of the order reviewed plaintiff’s renewed Motion for

  • Social Media Disclosure in Plaintiff ESI Production Requires Threshold Showing by Defendant

    30 Jan 2013

    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

  • Administrative Judge Limits Complainant/Plaintiff ESI Production in UTC Action

    26 Dec 2012

    As part of a patent complaint before U.S. International Trade Commission, entitled In the Matter of Certain Electronic Imaging Devices, Inv. NO. 337-TA-850 (Nov. 19, 2012), one issue was the scope of eDiscovery. This is an administrative proceeding and the parties are not bound by the federal rules of evidence.

  • Judge Scheindlin Discusses ESI Production at 2012 eDiscovery Institute

    19 Dec 2012

    U.S. District Court Judge Shira A. Scheindlin recently spoke at the 2012 Georgetown eDiscovery Institute, where the topic was “First Do No Harm: Preserving and Admitting Foreign ESI.”  Judge Scheindlin’s penning of five Zubulake electronic discovery opinions in one of the first major plaintiff eDiscovery cases in the country makes

  • DOJ’s Untimely Litigation Hold Results in Inadequate ESI Production and Sanctions

    10 Dec 2012

    In the recent case of U.S. ex rel. Baker v. Community Health Systems, Inc., 2012 WL 5387069 (D.N.M. Oct 3, 2012), the U. S. Department of Justice (DOJ) alleged the defendant engaged in Medicaid fraud.  In a motion for sanctions, defendant alleged that the DOJ’s litigation holds were untimely and

  • District Court Ups the Monetary Sanctions for Defense Production Spoliation in Multifeeder

    19 Oct 2012

    In reviewing the recommendations of the magistrate judge in Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)), the district court noted that sanctions for spoliation require a finding of an intentional destruction of evidence indicating a desire to suppress the truth. Id. at 4, citing

  • Another Day, Another Example of Spoliation in ESI Defense Productions

    15 Oct 2012

    As this blog has noted before, instances of electronic data spoliation are becoming ever increasing events in high-stakes class action lawsuits, multi-district litigation and business litigation.  While the motives may vary, in many situations, the missing evidence to be construed against them may be more damaging than the existing evidence itself. The