Category: Document Production

  • 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

  • The Scope of Social Media in Plaintiff ESI Production

    27 Aug 2012

    Litigants and courts struggle to define the scope of electronic data discovery, as well as the logistics of how to physically produce the electronically stored information. The newest scope and logistical challenges for ESI now lies in social media content. In EEOC v. Simply Storage Management, LLC Case No. 1:09-cv-1223-WTL-DML

  • Plaintiff ESI Production Strategies are Necessary from the Beginning of the Case

    8 Aug 2012

    The 2012 Virginia court opinion Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040) was no small discovery case. The physical amount of the ESI data was over 200 gigabytes (GB), or the equivalent of about two million pages if

  • Do Plaintiffs Have the Right to Choose eDiscovery Production Methods?

    6 Aug 2012

    More cases are coming down across the nation dealing with eDiscovery review methods, and a common theme has been to order computer-assisted document review (aka “predictive coding”) to make document review more efficient. Sometimes, this is beneficial for plaintiffs, such as our discussion of the National Day Laborer Organization, where

  • Can Defendants be Trusted to Self-Collect their own ESI Productions?

    3 Aug 2012

    This week our blog has been discussing U.S. District Judge Shira A. Scheindlin’s opinion in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012), which raises the question of whether defendant custodians can be

  • Does the Future of Plaintiff ESI Production Include Facebook?

    27 Jul 2012

    A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery

  • New York Appellate Division Rules on ESI Production Costs

    9 Jul 2012

    Earlier this year, in U.S. Bank N.A. v. GreenPoint Mortgage Funding Inc., the New York Appellate Division, 1st Department, ruled the producing party should bear the cost of “searching for, retrieving, and producing documents, including electronically stored information.” The court further ruled that ESI production costs can be shifted at