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Clawbacks: A Weapon Against Defense Undue Burden Argument?
A common excuse for defendants responding to plaintiff electronic discovery requests is that it is unduly burdensome to have to review massive amounts of documents for privilege. Many defendants will claim that having to review the documents to remove or redact privileged electronic data is just too expensive. While these
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Apple’s eDiscovery Failure in Plaintiff Class Action Over Apps
In an ongoing litigation over users’ privacy for iPhone and iPad apps, entitled In Re iPhone Application Litigation in the Northern District of California, plaintiffs allege that the private, personal information has been sold to third parties without the plaintiffs’ knowledge or consent. Plaintiff eDiscovery requests were served on Apple in preparation for
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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.
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Social Media Disclosure in Plaintiff ESI Production Requires Threshold Showing by Defendant
One new area of plaintiff electronic discovery that is often contentious is the request for access to personal social media accounts. Defendants are now commonly requesting total access to plaintiffs’ Facebook, Twitter, Instagram and other accounts as part of eDiscovery. Many plaintiffs understandably object to this, typically alleging the requests
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Another Day, Another Example of Spoliation in ESI Defense Productions
As this blog has noted before, instances of electronic data spoliation are becoming ever increasing events in high-stakes class action lawsuits, multi-district litigation and business litigation. While the motives may vary, in many situations, the missing evidence to be construed against them may be more damaging than the existing evidence itself. The
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Is eDiscovery Cost Shifting Appropriate Prior to Class Action Certification?
Recently in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), the federal district court in the Eastern District of Pennsylvania addressed an issue apparently one of first impression – whether cost-shifting to plaintiffs related to pre-class certification discovery, including ESI discovery, was appropriate. Plaintiffs alleged the defendant national fitness chain was engaged