-
Can You Subpoena Metadata from Emails Protected under the Stored Communications Act?
Metadata has quickly become a fundamental aspect of both the discovery process and expert computer forensics. However, often times we see that technological advances can outpace changes in the rule of law, whether coming through legislative enactment or judicial decree. In Systems Products and Solutions, Inc. v. Joseph Scramlin, Case
-
When Is Forensic Imaging Not Warranted?
Forensic imagining typically entails preserving the contents of a custodian hard drive or server. Expert computer forensic services can also be complex as far as sensitive information is concerned. This begs the question of when does forensic imaging become an unwarranted option in the discovery process. The court answered this
-
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,
-
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.
-
What is the Proper Scope When Requesting Production of Cellphones?
Cellphones are technological innovations that are in a constant state of evolution, as evidenced by the booming market and increasingly intelligent functions that they employ. Cellphones have also become hubs for personal and private information. In Yosif Bakhit, et al., v. Safety Marking, Inc., et al., (D. Conn. June 26,
-
Can Defendants Produce Non-Searchable PDFs Rather than Native File Formatting?
In Dixon v. Experian Information Solutions, Inc. and Green Tree Servicing, LLC (N.D. Ind. June 25, 2014), Plaintiff alleged Defendants reported inaccurate information in his credit file about his mortgage account in violation of 15 U.S.C. § 1681 et al., the Fair Credit Reporting Act (“FCRA”). Plaintiff eDiscovery requests were
-
Can a Plaintiff Access All Defendant Database Metadata in eDiscovery?
In a recent blog post, we discussed metadata and defined it as the embedded stratum of data in an electronics file. The information that can be found in metadata may range who authored the document to what changes were made to it. This raises the question of whether mining an
-
NY State Court Orders Defense Production in TIFF Format with Metadata
It has become clear that when plaintiffs ask for electronic data and ESI productions in TIFF format with metadata from the initial requests, courts will frequently enforce this formatting if disputes later arise. For a recent case, see the New York state court opinion dated January 24, 2014 Brandofino Commications,
-
Defendant Ordered to Comply with Server and Metadata Requests
In Vosburgh v. Fraley and Schilling, Inc., No. 3:13-CV-060 (Dist. Court, E.D. Tennessee, Dec. 4, 2013), plaintiff Vosburgh already deposed two key persons when defendant Fraley produced additional emails in discovery. In response, Vosburgh requested the court allow re-depositions of the two concerned people, and asked that fees and expenses
-
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