If a CD disk is produced with electronic data in native format but counsel cannot open it on a laptop, does it fail to meet the requirements of electronically stored information in Federal Rule 26? That was the question in the Order on Duces Tecum Production dated November 12, 2013 in Benado v. Thyssenkrupp Logistics,
electronically stored information
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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 25, 2013
Jurisdiction at Issue in First Order of Alleged eDiscovery Mismanagement Case
In the background to the case Kroll Ontrack, Inc. v. Devon IT v. Mitts Law, LLC, Civil No. 13-302(DWF/JJG)(D. Minn. July 26, 2013), Devon IT hired Mitts Law (“Mitts”, formerly Mitts Milavec) as legal counsel to file a case against IBM in Pennsylvania. Devon alleged Mitts had represented the worth of the lawsuit to be
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- August 21, 2013
Court Orders “Dead” Computers be Brought Back to Life by Forensics Experts
Expert computer forensics has received a lot of attention in civil litigation lately, as parties are realizing that deleting files may not be as permanent as they otherwise thought. In an interim memorandum and order dated August 5, 2013 in the case Net-Com Services, Inc. v. Eupen Cable USA, No. CV 11-2553 JGB(SSx)(C.D.Cal. 2013), plaintiff
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- April 24, 2013
Will Email Threads Uncover Fraud in an $18 Billion International Case?
As email threads are now critical evidence in most civil litigation, it should be no surprise that email might be the key to determining whether massive fraud is at play in a very interesting case out of the Southern District of New York. Chevron Corp. v. Steven Donzinger, et al., No. 11 Civ. 0691 (LAK)(S.D.N.Y.
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- February 15, 2013
Courts Weigh in Obtaining eDiscovery in Foreign Proceedings
Parties involved in foreign litigation can apply to U.S. federal courts in order to seek the production of electronically stored information, or ESI, from litigants within the court’s jurisdiction. Under 28 U.S.C. 1782, the district court is not required to grant such applications, but may do so after considering a number of mandatory and discretionary factors.
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- January 18, 2013
Preservation Orders Issued for eDiscovery in Fungal Meningitis Cases
The plaintiffs in the potential multidistrict litigation In Re New England Compounding Pharmacy Cases secured a key win early on: the judge ordered preservation orders for tangible and electronic evidence held by defendants. The case stems from an incident last Fall when the defendant, New England Compounding, recalled three lots of methylprednisolone acetate that have been
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- August 29, 2012
Pennsylvania Supreme Court Rewrites the Rules for Electronic Discovery
Electronic data discovery is constantly evolving in both the state and federal courts. Federal courts now have accumulated a large amount of eDiscovery case law (much of which is discussed in our blog). Many state court opinions turn to and cite federal jurisprudence and the amendments to the Federal Rules of Civil Procedure regarding electronically
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- August 1, 2012
Another Federal District Court Endorses Issue Coding as a Best Practice
Monday’s blog discussed U.S. District Judge Shira A. Scheindlin’s opinion in a Freedom of Information Act (FOIA) case that mere keyword searches tend to be inadequate and that defendants who self-collect must disclose their search terms and methods. National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012
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- July 27, 2012
Does the Future of Plaintiff ESI Production Include Facebook?
A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery Facebook issues to glean a
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