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Can an International Subpoena Obtain Metadata from Google and Twitter?
In Re Request for Subpoena by Ryanair Limited, Case No. 5:14-mc-80270-BLF-PSG(N.D.Cal. Oct. 9, 2014) is an application for an order to obtain discovery to third-party witnessses Google and Twitter regarding a lawsuit pending in the Dublin Circuit Court in Ireland. Applicant obtained a default judgment against the Defendant in the
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Defense Counsel Fined for Failing to Issue Timely Litigation Hold
Alter v. Rocky Point School Dist., No. 13-1100(JS)(AKT)(E.D.N.Y. Sept.30, 2014) is a workplace discrimination action. After discovery began, Plaintiff filed two motions to compel and a motion for sanctions against Defendants for failing to preserve electronic discovery and failing to issue a litigation hold of key players to the action.
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Did These Emails About Discovery Materials Violate a Confidentiality Order?
Mitchell Lane Publishers, Inc. v. Rasemas, C.A.No.9144-VCN (Del.Ch. Sept. 26, 2014) is a Delaware Chancery Court case between book publishers regarding whether certain emails sent after electronic discovery was produced violated the Court’s Confidentiality Order. Defendant contended Plaintiff violated this Order when she sent three email communications to third-parties after
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Are Emails Containing Search Term Keywords Automatically Discoverable?
Lewis v. Bay Industries, et al., Case No. 12-C-1204, (E.D.Wis. Sept. 30, 2014) is a case where the plaintiff alleged unlawful retaliation under state and federal law. Pending before the court is the employer’s (“Bay”) Motion for Summary Judgment and Lewis’ Motion for Sanctions under Rule 37. Lewis contended that
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Can An Attorney’s Computer Be Searched for ESI?
In Bradfield v. Mid-Continent Casualty Company, Case No. 5:13-cv-222-Oc-10PRL (M.D.Fl. Sept. 15, 2014), Defendant filed a Motion to Compel to obtain a forensic examination of Plaintiff’s attorneys’ computers and law firm server. Plaintiffs had a claim that their home construction was defective, and negotiated a mediated settlement with the builder
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Must a Party Disclose How It Searched for Electronically Stored Information?
Fleming v. Escort, Inc. et al., Case No. 1:12-CV-066-BLW(D.Id. Sept. 29, 2014) is a case alleging patent infringements that went back approximately fifteen years. Part of this court’s order included a ruling on Plaintiff’s Motion to Compel electronically stored information (ESI). Plaintiff averred that although the allegations in this case
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Must a Party’s Journal Be Produced in Native Form with Metadata?
In Perea v. Conner and State Farm, No. CIV-13-0697 KG/LAM (D.NM Sept. 26, 2014), Defendant filed a Motion to Reconsider the court’s ruling on the discovery requests for production, which denied them additional electronic data. In dispute is a Plaintiff’s Pain Journal, submitted as a PDF that was scanned in
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What is the 7th Circuit Electronic Discovery Pilot Program?
As eDiscovery is now ubiquitous with almost all civil litigation, courts and attorneys nationwide are broaching new territory regarding parties’ obligations for ESI production. The 7th Circuit began an electronic discovery pilot program with a stated purpose is to “provide incentives for the early and informal information exchange on commonly
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Can Metadata Uncover Altered Photographs for Insurance Disputes?
Metadata, or data about data, can uncover a multitude of information about all types of electronic data, including but not limited to digital photographs. In Knoderer v. State Farm Lloyds, et al., No. 06-13-00027-CV (Ct.App. Tx. 6th Dist. Sept. 19, 2014), a residential insurance dispute, both sides accused the other
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Can Predictive Coding Identify Relevant and Non-Privileged Data on Back-Up Tapes?
In our last post, we discussed the consolidated cases of Dynamo v. Commissioner of Internal Review and Beekman v. Commissioner of Internal Review, Docket Nos. 2685-11, 8393-12 (US Tax Ct. Sept. 17, 2014). In a quick review of the facts, Respondent sought back-up tapes of ESI with metadata. Petitioner admitted