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Are Text Messages Different than Email for eDiscovery?
Shortly after the case of Christou v. BEATPORT, LLC, No. 10-cv-02912-RBJ-KMT (D.Co. 2013) was filed on December 1, 2010, plaintiff served a “litigation hold letter” on the defendant. One of the items listed for preservation was text messages from defendant’s iPhone. The defendant was then served with plaintiff electronic discovery
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Emails Bolster Plaintiffs’ Case in Michael Jackson Wrongful Death Suit
An ongoing theme of our blog is the importance of email threads and email chains for plaintiffs’ eDiscovery in civil litigation. Rarely does the topic get much major news coverage, but multiple news outlets have reported that emails disclosed in the Michael Jackson wrongful death case may greatly bolster the
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Video or Stenograph? eDiscovery Cost Shifting in the 21st Century
Stenographers have always been a cornerstone of the legal community. Their transcripts are essential for presenting deposition evidence to a judge or for use in cross-examinationn at trial. However, with the onset of video depositions, one has to wonder, is stenography becoming something of a legal relic? In Amana Society,
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Court Recommends eDiscovery Consultant Help with Defense Production
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
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Discovery of Foreign Documents Stayed in Travel Website MDL
Plaintiffs who filed two class action lawsuits have now been combined as a multidistrict litigation, alleging certain online travel sites have colluded with major hotels to engage in price-fixing in violation of federal anti-trust laws. The MDL is named In re: Online Travel Company Hotel Booking Antitrust Litigation, Case Number
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Supreme Court Rules for Plaintiffs in Class Action Securities Fraud
On February 27, our nation’s highest court released its decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___ (2013) with the Court’s majority deciding in favor of certifying the class in a securities-fraud case filed by named plaintiff Connecticut Retirement. The question before court concerned the requirement in Rule 23(b)(3)
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ASU’s 2nd Annual eDiscovery Conference to Include Discussion of Updated ABA Model Rules
The second annual eDiscovery conference is taking place at Arizona State University from March 13-15. The Sandra Day O’Conner School of Law is hosting the event, entitled “eDiscovery—The present and the future,” with keynote speakers including the Hon. John Facciola, U.S. Magistrate Judge in the District of Columbia and the
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Metadata is Not “Content” Under the Stored Communications Act
All this week, our blog has been discussing the 2013 case Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.), where a district court partially quashed a third-party subpoena served upon Google. The plaintiff sought discovery relating to emails directly from Google, as it alleged the defense production was inadequate
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Court Partially Quashes Third-Party Subpoena Served on Google Under the SCA
Our last blog discussed the facts of Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.). This case stems from a foreign proceeding, and its ruling therein on whether the plaintiff’s subpoena for certain email communications from a third-party, Google, violates the Stored Communications Act (“SCA”). Plaintiff alleged that defendant purposefully
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Google Subpoenaed to Produce Emails for Foreign Proceeding
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