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Emails Produced Lead to Additional Defendant and Claim
Our ongoing analysis of electronic discovery in modern civil litigation has established a major truism: email threads in electronic data discovery are often the source of critical evidence and can sometimes uncover hidden truths. This was demonstrated in the recent opinion and order dated March 28, 2013 in Campbell v. Sedgwick, Civil
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Another Cautionary Tale: Retain an eDiscovery Vendor Before Its Too Late
In the federal district court case Branhaven, LLC v. Beeftek, Inc., et al., Civ. No. WDQ-2334 (D. Md. 2013), the Court addressed the issue of delayed and inadequate plaintiff ESI production. The opinion is a ruling on defendant’s Motion for Sanctions, alleging that the plaintiff engaged in “discovery abuses intended
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Court Rejects Excuses for Poor Electronic Discovery Defense Production
Our last blog discussed the first part of the 2013 court opinion in Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), which compelled the deposition of a foreign managing agent to be conducted in the U.S. The second part of the order reviewed plaintiff’s renewed Motion 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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Defense Strikes Back to Plaintiff eDiscovery Allegations of Spoliation
Our last blog listed the categories of electronic data discovery plaintiff alleges to be inadequate in the employment discrimination case Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.). The main spoliation allegations were that the defendant failed to issue a timely litigation hold, failed to produce
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Judge Scheindlin Discusses ESI Production at 2012 eDiscovery Institute
U.S. District Court Judge Shira A. Scheindlin recently spoke at the 2012 Georgetown eDiscovery Institute, where the topic was “First Do No Harm: Preserving and Admitting Foreign ESI.” Judge Scheindlin’s penning of five Zubulake electronic discovery opinions in one of the first major plaintiff eDiscovery cases in the country makes
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Sweeping Plaintiff eDiscovery Ordered for Social Media Accounts in Class Action Lawsuit
Courts have struggled to strike the proper balance between discoverable information and the invasions of privacy rights of plaintiffs with social media accounts. While the general rule of thumb is for defendants to make a threshold showing of relevancy before private information is ordered produced, a federal court in Colorado recently
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A Plaintiff eDiscovery Guide to Remedies for Defense Electronic Data Spoliation
The onset of the paperless world has made electronic data discovery ubiquitous in all civil litigation. However, with the advent of electronic data comes an ongoing plaintiff electronic discovery challenge of the “fox guarding the henhouse,” or the temptation for defendants to obscure or destroy relevant data after the duty
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Chevron Seeks Sweeping eDiscovery Requests After Losing International Litigation
Chevron, a subsidiary of oil giant Texaco, is fighting back after a $19 billion dollar judgment was entered against it by an Ecuadorian court in an international litigation case. Plaintiffs in the environmental suit were indigenous Ecuadorian communities that alleged Chevron engaged in illegal rainforest destruction in their country. Chevron
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Defendants In Hepatitis C Case Seek to Delay Discovery
Twenty-five civil cases have been filed in New Hampshire against Exeter Hospital, alleging a hospital employee knowingly infected patients with the Hepatitis C virus after using needles on himself and reusing the same needles on patients. An attorney for the defendant hospital filed a motion for stay of discovery. According