Tag: electronic discovery

  • Will the Supreme Court Clarify Electronic Discovery Taxation of Costs Under Section 1920?

    5 Oct 2012

    Title 28 U.S.C. § 1920 should be well known to litigators practicing in federal court, as it authorizes taxation of costs for printed or electronically recorded transcripts, fees and disbursements for printing and witnesses, and fees for the costs of copies.  As noted in our blog about the eDiscovery case Race

  • Court Takes Step Back from Overbroad Social Media eDiscovery Requests in Favor of Plaintiff

    3 Oct 2012

    In Mailhoit v. Home Depot U.S.A., 2012 WL 3939063 (C.D. Cal.), plaintiff filed an employment discrimination against the home improvement store, alleging to have suffered from post-traumatic stress disorder, depression and isolation due to the defendant’s wrongdoing. Defendant Home Depot argued that plaintiff’s postings on social networking sites (“SNS”) were likely

  • California District Court Denies Defendant Google’s Request for eDiscovery Costs

    1 Oct 2012

    In Oracle America v. Google, No C 10-03561 (N.D.C.A. September 4, 2012), a California district court recently considered defendant Google’s request to shift costs related to its ediscovery vendor.  In the case, Oracle alleged 132 patent infringement claims on seven separate patents, but lost each one. Oracle only prevailed on

  • Supreme Court to Review Damage Stipulations and the Class Action Fairness Act

    24 Sep 2012

    The Supreme Court may make a decision that will greatly affect class action lawsuits and plaintiffs across the nation when it hears the case Standard Fire Insurance v. Knowles, No. 11-1450.  In Knowles, plaintiffs filed a state court class action for breach of contract against the defendant insurance company.  The

  • Sheldon Adelson Faces eDiscovery Sanctions Over Chinese Casino Dispute

    17 Sep 2012

    Casino mogul Sheldon Adelson, whose estimated worth is approximately $20 billion, is facing sanctions for eDiscovery violations in a county district court in Las Vegas. The plaintiff in the ongoing case Steven Jacobs v. Las Vegas Sands, A627691-B, alleges his former employer fired him from his position as CEO of

  • Email Threads: The eDiscovery Key to Unlocking Truths

    12 Sep 2012

    As our blog frequently writes about litigants’ duty to preserve evidence, one form of electronic data is paramount: email threads and correspondence. Even in business settings, the casual nature of email adds to the candor that is frequently found within its contents. Add to this the instantaneous and real-time capture

  • Electronic Discovery and Incarceration: An Extreme Sanction for An Extreme Case

    10 Sep 2012

    This blog’s alternate title is the eDiscovery Gang that Couldn’t Spoliate Straight, as both vivid lines are lifted straight from the court’s opinion in Victor Stanley Inc. v. Creative Pipe, Inc. et al., No. MJG-06-2662 (D.C.M.D. 2010). The defendant in this case engaged in what may be the most egregious

  • Samsung Chokes on Apple After Email Spoliation

    7 Sep 2012

    Defendant Samsung had a rough week in court. Apple had sued Samsung for patent infringement, and the defendant was ill-equipped for electronic data discovery. This led to a breach of its duty to preserve evidence and might have contributed to the $1 billion verdict entered against it by a jury

  • Metadata: Ask and You Shall Receive

    25 Jun 2012

    Computer files and emails produced alone have only two-dimensions: you can only see what is on the screen or printed on paper. But how and when were those documents created? How do you know the file or email has not been altered? What formulas or procedures were used to create