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Preliminary Injunction Granted After Proof Defendant Lied To Court
In H&H Industries, Inc. v. Miller, No. 2:13-cv-907 (SD Ohio, December 27, 2013), the court resoundingly supported plaintiff’s request for a preliminary injunction when forensic computer evidence demonstrated defendant had repeatedly lied to the court. The plaintiff, H&H Industries, Inc., brought a motion for preliminary injunction against former employee Eric
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Drastic Sanction Entered After Defendant’s Spoliation of Electronic Evidence
In the trademark infringement case Slep-Tone Entertainment Corporation and Piracy Recovery LLC, et al. v. Grantino et al., No. CV 12-298 TUC DCB(D.Ariz. January 8, 2014), the court is ruling on the order to show cause as to why the defendant should not be sanctioned for spoliation of electronic evidence.
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Plaintiff Entitled to ESI with Metadata; Costs Borne by Defendants
In Mancino v. Fingar Insurance Agency, Docket No. 653754/2012, 2014 NY Slip Op 30005(U)(Sup.Ct.N.Y.County January 2, 2014) plaintiffs are insurance policy holders suing their broker and insurance company for breach of contract and other business torts. Defendants responded to plaintiff discovery requests by tendering a hard copy production. Plaintiffs filed
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Will a Technical Distinction Alleviate Defendant Liability Under the Stored Communications Act?
An interesting fact about the Stored Communications Act, 18 U.S.C. §§2701-2712, is that it was originally passed in 1986, long before email and the internet as we now know it today. The Stored Communications Act provides, in part, that when a person or entity: (1) Intentionally accesses without authorization a facility through
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Class Action Over “Scareware” Computer Software Raises eDiscovery Disputes
In the putative class action case Worley v. Avanquest North America, Inc., No. C 12-04391 WHO(LB)(December 13, 2013), plaintiffs alleged that the defendant’s computer software (referred to as “Scareware”) misrepresented and exaggerated alleged computer errors in order to perpetuate fraud on consumers. Plaintiffs’ First Amended Complaint was grounded, in part, on certain
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When is a Clawback Request “Prompt” After Inadvertent Discovery Disclosure?
As electronic discovery is now a major component of most civil litigation, clawback provisions are becoming more common place in ESI protocols. Most model ESI protocol orders call for clawback requests to be made “promptly” to avoid a waiver of privilege. But what constitutes “prompt” notice if a time frame is not
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Plaintiff Granted Partial Preliminary Injunction Regarding Electronic Data In Business Tort Case
In Aggreko, LLC v. Koronis, Civil Action No. 13-13034-TSH (D.Mass. December 19, 2013), plaintiff is a business filing suit against another business and its former employee, alleging breach of contract and a number of business torts. Plaintiff’s former employee, who is the named defendant, allegedly took proprietary information with him
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Defining Scope of Search Terms, Custodians and Timeframe In Class Action
In the class action lawsuit Fort Worth Employees’ Retirement Fund, et al. v. J.P. Morgan Chase & Col, et al., No. 09 Civ. 3701 (JPO)(JCF) (S.D.N.Y. December 16, 2013), the plaintiffs are purchasers of mortgage-backed securities seeking electronically stored information (ESI) from defendants. There were three eDiscovery disputes: plaintiffs claimed
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An Examination of Decryption and Load Files: Taxable as Costs in Federal Court?
Our blog has been reviewing the case of CBT Flint Partnership, LLC v. Return Path, Inc. and Cisco Ironport Systems, LLC, No. 2013-1036 (Fed.Ct. December 13, 2013), where the court divided common electronic discovery costs into three stages to examine what fell under the scope of § 1920(4) for taxation
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Federal Circuit Divides “Making Copies” Into Three Categories to Decide Taxation of eDiscovery
Our last blog was on overview of the recent eDiscovery case CBT Flint Partnership, LLC v. Return Path, Inc. and Cisco Ironport Systems, LLC, No. 2013-1036 (Fed.Ct. December 13, 2013). In this case, the court reviewed an award of costs for various electronic discovery services. To decide whether those costs