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The Recent Amendments to FRCP: Retroactive Case Applications
Effective December 1, 2015, new amendments to the Federal Rules of Civil Procedure became law. In the last two months, a number of federal judges have discussed the new discovery rules, and the majority have applied the amendments to cases filed prior to the effective date. Below are highlights from
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Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging
In employment discrimination case Bazzi v. YP Advertising & Publishing, LLC, Case No. 15-10741 (E.D. Mich., Feb. 3, 2016), Plaintiff testified at deposition that she had downloaded documents onto a USB drive from one of Defendant’s computers during her employment. Plaintiff allowed Defendant to copy the documents but refused to allow
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New Year eDiscovery Case Law Roundup: What We Learned in 2015
Like the prior year, 2015 was an interesting year for electronic discovery disputes. As the world becomes increasingly digital, there is a corresponding increase in the prevalence and importance of electronically stored information (ESI) as evidence in litigation. Here, the plaintiff eDiscovery team at ILS presents significant eDiscovery cases of
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Emails in Native File Format Uncover Alterations
In Cat3, LLC et. al. v. Black Lineage, Inc. et. al., Case No. 14-5511 (S.D.N.Y., Jan. 12, 2016), Plaintiff sued Defendants for trademark infringement, unfair competition, false designation of origin, and cybersquatting under the Lanham Act. The case involves two websites – SLAMXHYPE.com, owned by Plaintiffs, and FLASHXHYPE.com, used by
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Court Orders Defendants to Disclose ESI Storage and Maintenance Practices
In McKinney/Pearl Restaurant Partners, L.P. v. Metropolitan Life Insurance Company, et. al., Case No. 14-2498 (N.D. Tex., Jan. 8, 2016), Plaintiff, a restaurant, sued Defendants for breach of lease obligations. During discovery, Plaintiff served multiple sets of discovery requests upon Defendants and filed a Motion to Compel asserting that Defendants’
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Jury to Decide ESI Spoliation Issue in Wrongful Termination Suit
In Evans v. Quintiles Transnational Corp., Case No. 13-00987 (D. S.C., Dec. 23, 2015), Plaintiff sued Defendant, her former employer, for wrongful termination. She alleged she was terminated in retaliation after she expressed a desire to report her supervisor for an argument they had about commission. On summary judgment, the court
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NY Court Orders Adverse Inference Instruction for Email Spoliation
In Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, Case No. 654586/2012 (Supreme Court of New York, New York County, December 7, 2015), Plaintiff sued Defendant over trust funds allegedly mistakenly turned over to Defendant and kept. Plaintiff filed a Motion for Sanctions, asserting that Defendant failed to
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Sirius Granted Preliminary Injunction Against Former Employee Following Forensic Computer Examination
In Sirius Computer Solutions, Inc. v. Sparks, Case No. 15-698 (Oct. 5, 2015), Plaintiff sued Defendant for violating his employment agreement when he resigned from Plaintiff and went to work for a competitor. Plaintiff filed a motion for a preliminary injunction in which it sought to enjoin Defendant from disclosing Plaintiff’s
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Court Imposes Sanctions After Forensic Examination Uncovers Scrubbed Files
The District of Maryland recently awarded attorneys’ fees and other sanctions in favor of education and training giant Kaplan. In Ericksen v. Kaplan Higher Education, LLC, Case No. 14-3106 (October 21, 2015), Plaintiff, a former employee, sued Defendant Kaplan for wage and hour violations as well as wrongful termination. In
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Defendant’s Wife Ordered to Provide iPhone for Forensic Examination
In Brown Jordan International, Inc. et. al. v. Carmicle et. al., Consolidated Case No. 15-00037 (W.D.K.Y. Oct. 19, 2015), Plaintiffs sued Defendant for violations of the Computer Fraud and Abuse Act and the Stored Communications Act as well as for breach of contract and breach of fiduciary duty. During discovery,