electronic data

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May 15, 2017

Court Rules SCA Applies and Orders Google to Produce Data Stored Outside of U.S.

In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017) is an action by the federal government to obtain information from Google. The court issued a search warrant under the Stored Communications Act (SCA) directing Google to produce its stored content related to certain

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December 13, 2013

Agreement on eDiscovery Demonstrates Cooperative Goals of Rule 26(f) Conference

In Griffin Technology Holdings Inc. et al v. IWICS, Inc., No C13-1465 RAJ (Dist. Court W.D. Washington Nov. 25, 2013), plaintiff Griffin and defendant IWICS have ongoing litigation regarding a contract dispute. The litigation is still in the early stages of discovery, and the present agreement and order are an excellent example of Fed. R.

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November 18, 2013

Plaintiff Ex Parte Request for a Forensic Copy of Defendant Computer Granted

In the case Battelle Energy Alliance, LLC v. Southfork Security, Inc., 2013 WL 5637747 (D.Idaho), the district court granted an ex parte application for a temporary restraining order (TRO) against two named defendants, an individual and his employer. Plaintiff filed a petition for breach of contract and copyright infringement regarding computer software, alleging that its

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November 6, 2013

Court Orders Defense Production in Searchable Electronic Format with Metadata

In Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762 (N.D.Cal. October 1, 2013), plaintiff electronic discovery requests were sent and defendant responded by producing 28,786 documents on the discovery due date of August 20. After the deadline, defendants then produced 100,692 documents three weeks later, then 99,778 more a month after. All

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October 9, 2013

Plaintiff Prevails In Cost-Shifting Dispute Under Zubulake Standards

When is cost-shifting appropriate in response to plaintiff electronic discovery requests? In Novick v. AXA Newtowk, LLC, et al., No. 07Civ. 7767 (AKH)(KNF)(September 24, 2013), the plaintiffs sought ESI and email chains from defendant. The plaintiff suggested custodians and the relevant time period to conduct the search, and defendants used a third-party vendor to search

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October 2, 2013

Litigation Hold Documentation: Discoverable or Privileged?

In the case Oleksy v. General Electric Co., No. 06 C 1245 (N.D. Ill. July 31, 2013), an eDiscovery and spoliation dispute arose. In the beginning of the litigation, defendant GE claimed to have issued a litigation hold regarding electronically stored information (ESI), and began producing documents to plaintiff. However, GE’s counsel claimed that one

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September 20, 2013

California District Court Slashes Award of Taxable Costs, Citing SCOTUS Taniguchi Opinion

In our last blog, we briefly reviewed the facts and holding of the Supreme Court case Taniguchi v. Kan Pacific Saipan, Ltd. 132 S.CT. 1997 (2012). This case is being cited in Ancora Technologies, Inc. v. Apple, Inc., Case No. 11-CV-06357 YGR (N.D.Cal. August 26, 2013) to back up the argument that taxable costs under

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September 18, 2013

Supreme Court’s Taniguchi Decision Used as a Shield Against Taxable Costs

Last year, the U.S. Supreme Court issued an opinion in Taniguchi v. Kan Pacific Saipan, Ltd. 132 S.CT. 1997 (2012), a case that examined the question of what type of costs are taxable under 28 U.S.C. § 1920? Justice Alito wrote for a six-justice majority to hold that“compensation for interpreters” is enumerated under the statute

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September 11, 2013

Email Search Terms at Issue after Efforts to Control Discovery “Implode”

In the opening paragraph of the Order re: Discovery Disputes in the patent case Mediatek, Inc. v. Freescale Semiconductor, Inc., Case No. 11-5341 UGR(JSC)(N.D.Cal. August 28, 2013), the magistrate judge praised the parties’ attempts to limit high discovery costs by a stipulated ESI Discovery Order. Unfortunately, the judge then admitted that such “laudable efforts” seemed

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September 9, 2013

Court Weighs Proportionality in Apple v. Samsung eDiscovery Disputes

Electronic discovery disputes continue in the patent lawsuit Apple v. Samsung, 2013 WL 442365412 (N.D.Cal. August 14, 2013). The last discovery order concerning ESI was in April 2013, when the court ordered Apple to produce certain electronic data to Samsung to calculate damages. Apple did produce the financial data, but not in the manner Samsung