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January 24, 2013

Email Threads and Chains as Evidence: The Smoking Gun of Plaintiff eDiscovery

In the advent of the modern electronic age, email has become the foremost form of communication for business correspondence. A far cry from formal writing on watermarked letterhead, email is typically casual and candid. For that reason, uncovering and obtaining all relevant emails is critical as part of a plaintiff electronic discovery plan against corporate

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December 19, 2012

Judge Scheindlin Discusses ESI Production at 2012 eDiscovery Institute

U.S. District Court Judge Shira A. Scheindlin recently spoke at the 2012 Georgetown eDiscovery Institute, where the topic was “First Do No Harm: Preserving and Admitting Foreign ESI.” Judge Scheindlin’s penning of five Zubulake electronic discovery opinions in one of the first major plaintiff eDiscovery cases in the country makes her a foremost authority on

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December 7, 2012

California Plaintiff Class Actions Against Google, Yahoo Allege Email Eavesdropping

Class action lawsuits have been filed against Google and Yahoo! for unlawful and wrongful wiretapping and eavesdropping in violation of California’s Invasion of Privacy Act (CIPA). Plaintiffs allege the defendants intercepted email threads prior to delivery without the consent of the author and sender. This is not a surprise as it is widely known that the

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November 30, 2012

What Are Defendants Hiding in NuvaRing Multidistrict Litigation?

Multidistrict litigation differs from class action lawsuits in that each plaintiff pursues individual lawsuits, but the discovery and pretrial phases are consolidated for purposes of judicial economy. In Re: NuvaRing Products Liability Litigation, No. 08-md-1964, (E.D.Mo.) is an ongoing federal MDL case against pharmaceutical manufacturers Merck, Schering-Plough and Organon. (Another mass tort case is pending

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November 28, 2012

Plaintiff eDiscovery Requests Reveal Damaging Email Threads in Facebook Lawsuit

Facebook has been embroiled in litigation for over two years regarding the validity of some of its users’ “clicks” on its pay-per-click advertising. Plaintiffs in the suit are Facebook advertisers who pay the company every time an internet user clicks on their ads. The plaintiffs sought class action certification and alleged Facebook knowingly charging them for

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November 23, 2012

Will Leaked Michael Jackson Email Threads Affect the Plaintiff Class Action Lawsuit?

A class action lawsuit by singer Michael Jackson’s former assistants and employees has been filed against concert promoter AEG Live in Los Angeles for over $7 million relating to unpaid wages. The lawsuit alleges the plaintiffs suffered a financial loss and were not paid wages arising from AEG’s knowledge of the singer’s physical condition and the involvement of Dr.

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November 21, 2012

Revealed eDiscovery Email Chains Score Points in NCAA Class Action

In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products. As part of discovery, plaintiffs sought and obtained email threads which could point to defendant’s actual knowledge

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November 16, 2012

Chevron Seeks Sweeping eDiscovery Requests After Losing International Litigation

Chevron, a subsidiary of oil giant Texaco, is fighting back after a $19 billion dollar judgment was entered against it by an Ecuadorian court in an international litigation case. Plaintiffs in the environmental suit were indigenous Ecuadorian communities that alleged Chevron engaged in illegal rainforest destruction in their country. Chevron is determined to not go

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November 7, 2012

Section 1782’s Ever-Expanding Discovery for Foreign Litigation and ADR

Title 28 U.S.C. Section 1782 is a federal law allowing a person or entity who is involved in foreign litigation to apply to the American court system for discovery against U.S. citizens or corporations to be used in the foreign litigation. The discovery could include electronic data, documents or testamentary evidence. The language of the

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August 13, 2012

A Look Back on Zubulake I, the Original Plaintiff eDiscovery Case

Beginning in 2002, an equity trader named Laura Zubulake filed suit against her former employer, UBS Warburg, for gender discrimination, failure to promote and retaliation. The potential for a large judgment was great, as damages would include lost wages and Zubulake made over $650,000 annually. The key evidence in this case was email correspondence, and