-
When Must a Defendant Redo its ESI Production?
Our last post reviewed the disagreement over the “Concordance Load File Stipulation” that the parties entered into in the case EEOC v. SVT, LLC d/b/a Ultra Foods, Cause No. 2:13-CV-245-RLM-PRC (N.D. Ind. April 10, 2014). Despite the agreement with Plaintiff that the load file production would be tendered in native format,
-
Defendants Sanctioned After Computer Forensics Expert Uncovers Altered Metadata
In the event it is suspected that a defendant has attempted to alter electronic data or metadata, a computer forensics expert may be used to uncover misconduct and bad faith spoliation. In T&E Investment Group LLC v. Faulkner, et al., No. 11-CV-0724-P (N.D.Tx. February 12, 2014), a court appointed neutral
-
Plaintiff Ex Parte Request for a Forensic Copy of Defendant Computer Granted
In the case Battelle Energy Alliance, LLC v. Southfork Security, Inc., 2013 WL 5637747 (D.Idaho), the district court granted an ex parte application for a temporary restraining order (TRO) against two named defendants, an individual and his employer. Plaintiff filed a petition for breach of contract and copyright infringement regarding
-
Is Forensic Imaging Warranted if Defendant Metadata Appears Inconsistent?
Metadata, or data about data, is becoming a real hot topic in the area of plaintiff electronic discovery law. In an eDiscovery order in the case Teledyne Instruments, Inc. v. Cairns, et al., Case No. 6:12-cv-854-Orl-28TBS (M.D.Fl. October 25, 2013), plaintiff sued defendant for breach of contract and other business
-
Despite “Wiping Software,” Metadata and Other Forensic Artifacts May Remain
In the cases discussed in our prior blogs this week, “wiping software” had been used by parties in an attempt to delete what is likely adverse information on personal and work computers. As expert computer forensics continually improves, it has become more likely that deleted files and metadata can, in
-
Court Orders “Dead” Computers be Brought Back to Life by Forensics Experts
Expert computer forensics has received a lot of attention in civil litigation lately, as parties are realizing that deleting files may not be as permanent as they otherwise thought. In an interim memorandum and order dated August 5, 2013 in the case Net-Com Services, Inc. v. Eupen Cable USA, No.