Foreign Document Translation

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May 29, 2013

$4.5 Million Awarded to Plaintiff after Electronic Discovery Spoliation

After a “long, and oftentimes tortuous journey” by a plaintiff in the case E.I. DuPond De Nemours and Company v. Kolon Industries, Inc., Civil Action NO 3:09cv058 (E.D.Va 2013), the court awarded plaintiff a reasonable amount of attorney fees and costs that totaled $4,497,047.50. The court awarded the fees and costs as a sanction for

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May 20, 2013

Native Files for the 3D Experience in Civil Litigation

Plaintiff eDiscovery Experts Explain 21st Century Document Review When a party seeks electronic discovery in civil litigation, obtaining data in its native format is the equivalent of a 3D experience. Rather than looking at a limited 2 dimensional view of a document, native format offers the ability to learn about the “data about the data”

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April 24, 2013

Will Email Threads Uncover Fraud in an $18 Billion International Case?

As email threads are now critical evidence in most civil litigation, it should be no surprise that email might be the key to determining whether massive fraud is at play in a very interesting case out of the Southern District of New York. Chevron Corp. v. Steven Donzinger, et al., No. 11 Civ. 0691 (LAK)(S.D.N.Y.

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March 8, 2013

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 3:12-MD-02405, in the U.S. District

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February 25, 2013

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 had been deleted by defendant.

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February 15, 2013

Courts Weigh in Obtaining eDiscovery in Foreign Proceedings

Parties involved in foreign litigation can apply to U.S. federal courts in order to seek the production of electronically stored information, or ESI, from litigants within the court’s jurisdiction. Under 28 U.S.C. 1782, the district court is not required to grant such applications, but may do so after considering a number of mandatory and discretionary factors.

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February 4, 2013

Compelling the Deposition of a Foreign Managing Agent

In Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), an Illinois District court heard, and rejected, common defense excuses to evade a deposition and electronic data discovery obligations. Plaintiff brought a patent infringement lawsuit against defendant Crimson, which company is closely aligned with a non-defendant Chinese corporation, Sycamore. In a prior ruling in

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November 21, 2012

Revealed eDiscovery Email Chains Score Points in NCAA Class Action

In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products. As part of discovery, plaintiffs sought and obtained email threads which could point to defendant’s actual knowledge

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November 16, 2012

Chevron Seeks Sweeping eDiscovery Requests After Losing International Litigation

Chevron, a subsidiary of oil giant Texaco, is fighting back after a $19 billion dollar judgment was entered against it by an Ecuadorian court in an international litigation case. Plaintiffs in the environmental suit were indigenous Ecuadorian communities that alleged Chevron engaged in illegal rainforest destruction in their country. Chevron is determined to not go

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November 14, 2012

Should Courts Consider the Merits of the Suit Before Class Action Certification?

The Supreme Court has been reviewing and defining class action lawsuit certification jurisprudence lately. In the last session, in Wal-Mart v. Dukes, the Supreme Court held the would-be class of female workers alleging discriminatory practices did not satisfy the “commonality” of law and fact requirement of Federal Rule 23(a). This was another blow to class

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