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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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Bill of Costs was Approved in Part After Finding Certain E-Discovery Costs were Reasonably Attributed to Electronic Copying and/or Transcriptions
In CONSUMER FINANCIAL PROTECTION BUREAU v. WELTMAN, WEINBERG, & REIS, CO., LPA., Case No. 1:17 CV 817 (N.D. Ohio, Eastern Div., Oct. 19, 2018), before the Court was Defendant’s Bill of Costs submitted pursuant to Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920. The total costs Defendant sought
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Spoliation of Facebook Electronic Data Led to Attorney Being Sanctioned
In the case Lester v. Allied Concrete, Case No. CL08-150(Cir.Ct. City of Charleston, VA), the trial court awarded plaintiff Lester $2,350,000 for personal injuries and $6,227,000 for the death of his wife. Defendants then filed motions for sanctions for spoliation of evidence against Lester and his attorney, Murray, based upon
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Court Denies Plaintiff ESI Motion for a Number of Procedural Failures
In a concise order denying plaintiff’s “Motion to Enter ESI Order and Set the Deadline,” a district court enumerates a number of important procedural failures. There are but a few bare facts delineated in the interlocutory order in Smyth v. Merchants Credit Corporation, Case No. C11-1879RSI (W.D. Wash. September 10,
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FDIC Proposes Unique Plaintiff ESI Protocol to Expedite Large Document Production
Federal Deposit Insurance Corporation v. Brudnicki, Case No. 5:12-cv-00398-RS-GRJ (N.D.Fl. 2013) is a case regarding the FDIC, as receiver for the now-defunct People’s First Community Bank, suing defendants, People’s former directors. Several electronic discovery disputes were pending before the district court in this case, including one regarding the proposed plaintiff ESI
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Georgia Appeals Court Considers Proper Form of Document Production and Confidentiality
Proprietary issues in business litigation can sometimes result in disputes regarding confidentially and discovery production. In the state court case Hull, et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013), the Court of Appeals in Georgia took up an interlocutory appeal regarding sanctions imposed on defendants for the trial
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Computer Crashes Raise Questions of eDiscovery and Electronic Data Spoliation
Prior to the onset of electronic data saved in native file format, paper documentation in large banker boxes ruled the discovery process for physical evidence. This has completely changed in the last 10 to 15 years, as electronic files in native format are now commonly requested and produced in civil
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Electronic Discovery Issue: When Does Automatic Deletion of Data Become Spoliation?
Most businesses that have extensive electronic data and email communications have systems in place that automatically delete old data after set periods of time. However, when litigation is reasonably foreseeable, a duty to preserve evidence is imposed on all parties. When does automatic electronic data deletion cross the line into
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PA Court Pens Comprehensive Opinion Regarding eDiscovery and Facebook
A Pennsylvania state court judge recently wrote an extremely useful court opinion for anyone looking for case law regarding the production of Facebook accounts and social media. Although the state court opinion would only have mandatory authority under PA law, this case could be useful to anyone researching social media
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Court Compels Google to Disclose How it Created the Universe
This title is a paraphrase of the basic question at the heart of an Order dated May 9, 2013 in Apple v. Samsung, Case No. 12-CV-0630-LHK(PSG)(N.D.Ca. 2013), where Apple had a dispute with third-party Google. Apple subpoenaed Google to provide electronic discovery under Fed. R. Civ. P. 45. (Non-parties may