-
No Sanctions For Failure to Produce Copy of Twitter Feed
The Northern District of Indiana considered whether to sanction Defendants in Haddad v. Lake Central School Corp. et al., Case No. 2:11-cv-430 (N.D. Ind. April 7, 2015) for failing to produce copies of Plaintiff’s twitter feed. Plaintiff, a minor suing a school district for physical and emotional harm suffered due to bullying
-
Defense Counsel Fined for Failing to Issue Timely Litigation Hold
Alter v. Rocky Point School Dist., No. 13-1100(JS)(AKT)(E.D.N.Y. Sept.30, 2014) is a workplace discrimination action. After discovery began, Plaintiff filed two motions to compel and a motion for sanctions against Defendants for failing to preserve electronic discovery and failing to issue a litigation hold of key players to the action.
-
When Does Inadvertent Disclosure Constitute a Forfeiture of Work-Product Privilege?
Work-product is a privilege issue that we encounter on a semi-regular basis. From the need for sophisticated automated issue coding technologies to inadvertent disclosures, questions surrounding work-product seem to have a firm footing in plaintiff eDiscovery. In Russel Dover, et al., v. British Airways, PLC (UK), (E.D.N.Y. August 15, 2014),
-
Does Mediation Shield Otherwise Discoverable Data from Production?
Mediation can be an integral part of any plaintiffs’ strategic planning. In Francesca Gonzales, et al., v. T-Mobile, USA, Inc., et al., Case No. 13cv1029-BEN (BLM). (S.D. Cal. August 14, 2014), Defendants sought a protective order that would block Plaintiffs from using data compilations that were provided for mediation purposes.
-
A Look at a Recent Spoliation Decision and Proposed Rule 37(e)
The controversy of Federal Rule 37(e) and its proposed amendments are issues that have grown out of the ever expanding volume of electronic data. In the case The Regulatory Fundamentals Group LLC v. Governance Risk Management Compliance, et al., 13 Civ. 2493 (KBF) (S.D.N.Y. August 5, 2014), the court meted
-
Can a Defendant Unilaterally Redact Info It Deems Irrelevant from a Production?
In response to the plaintiff steering committee’s discovery requests in the multidistrict litigation In re: Stryker Rejuvenate and ABGII Hip Implant Products Liability Litigation (D. Minn. June 20, 2014), Defendant produced 3,400 documents of which 1,932 were redacted. Defendant produced a privilege log, but Plaintiff contended that this redacted information
-
What Justifies an Extension for Electronically Stored Information?
Every case involving defendant and plaintiff eDiscovery will differ regarding the amount of time necessary to collect, cull and search the data. The federal courts have crafted model stipulated orders for discovery related to electronically stored information (ESI). In Alex Ang and Lynn Streit, v. Bimbo Bakeries USA, Inc., (N.D.
-
Does Purchasing Defendant’s Computer at Public Auction Violate Ethical Rules?
Can a plaintiff obtain a computer or hard drive through other means than court-endorsed discovery? Mining for metadata refers to looking within the embedded stratum of data in an electronics file for information. The information that can be found may include who authored the document, when it was created, software
-
Discovery Sanctions: When is Entry of Default Judgment Appropriate?
A common theme in our blog is spoliation and what sanctions are appropriate to remedy the situation. What kind of conduct leads to an entry of a default judgment? In YellowBook Inc., v. Heller & Heller and Mark Heller, (N.Y. Sup. June 10, 2014), the court looked at what conduct
-
A Recurring Theme: Spoliation Sanctions and the Requisite Level of Culpability
A common issue for plaintiffs seeking spoliation sanctions is the burden of proving the culpable mind in losing or destroying electronically stored information (ESI). The court took up this issue in Pegasus Aviation I, Inc., et al., v. Varig Logistica S.A., MatlinPatterson Global Advisers, LLC, et al., 104060, 603076/08 (N.Y.