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The Evolution of Email Attachments and Implications for Discovery
The use of attachments in digital communication has undergone a significant evolution. Initially rooted in the traditional practice of physically attaching files to emails or chat communications, it has transitioned towards a modern approach centered around using shared links through cloud storage platforms like Google Workspace and M365 (Microsoft 365).
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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
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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
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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
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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
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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
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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,
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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
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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”
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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