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What Is the Preferable Format of Document Production?
The format in which electronically stored information (ESI) is produced during discovery is an issue of central important in plaintiffs’ ESI production because of the compounded effects that it can have on litigation. In Al-Daiwa, LTD, v. Apparent, Inc., et al., No. C 13-04156 VC (LB) (N.D. Cal. July 28,
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Are Emails Subject to a Protective Order Trumped by the Public Records Act?
In an earlier blog we discussed how the public has a presumptive right of access to judicial proceedings. Turning on a similar note, we now look to the question of whether the Public Records Act (PRA) can allow disclosure of emails that are subject to a protective order or whether
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Can a Motion in Limine Be Effective to Challenge ESI Redactions?
In Goldenson, et al., v. Steffens, et al., No. 2:10-cv-00440-JAW (D. Me. July 7, 2014), a motion in limine was used to challenge redactions to email chains after discovery was closed. As background, Plaintiffs Daniel and Suzanne Goldenson alleged John L. Steffens, Gregory Ho, and various other defendants engaged in
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Does “Less Accessible” Information Amount to Spoliation?
We often discuss spoliation in the sense that a party’s actions are overt, willful, and egregious during the process of discovery. However, an equally important question is whether a party that merely creates less accessible information has engaged in spoliation? The court took up this question in Mazzei v. The
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What Conduct Warrants an Adverse Inference Instruction?
An important aspect of litigation for plaintiffs is being able to assess the level of conduct that will require plaintiffs to seek sanctions against a defendant. As such, a reasonable question is what type of conduct would warrant an adverse inference instruction? The court looked to answer this question in
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When Do Counsels’ Actions Create Spoliation Sanctions?
When resolving spoliation issues between litigants, courts will fashion sanctions that properly address the severity of spoliation, place the parties on equal footing, and serve as a deterrent for future cases. This is a task that is not taken lightly, and one which the court sought to remedy in Brown
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How Are Multi-Dimensional Electronic Documents Different than Hard Copies?
While we most often discuss eDiscovery in the context of civil cases, sometimes criminal case law can offer beneficial insight. In State v. Ratliff, Nos. 201303466, 20130332, 20130341 (S.D. July 17, 2014), the specially concurring opinion is helpful to plaintiff trial attorneys to understand the questions that will be raised as
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Where Is Social Media Headed?
The question of where social media is headed is a bit misleading because social media is here to stay. Social media is pervasive, touching businesses, clients, and their adversaries. Social media is even more ubiquitous in people’s personal lives. Coupling these factors with the recent ruling in Riley v. California, Nos.
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Must Nonparties Produce Unredacted Electronic Data in Native Format?
A recent blog post discussed whether defendants are allowed to produce non-searchable PDFs rather than native file formatting. Prior to that we even had the chance to look at whether parties can unilaterally redact information that they deemed irrelevant. Now, we turn our attention to whether nonparties are explicitly required to
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Can Metadata Support an Implied Finding of Photographic Fabrication at Trial?
Metadata and the process of understanding its uses is an ever-growing study in the field of litigation. With each passing week we see new opinions that seek to address the implications metadata can and does have on the process of eDiscovery. With that, we turn our focus to William R.