NativeFormat

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June 21, 2017

Partial Non-Native Production with Load Files Insufficient, Defendant Ordered to Make All Native Production in Wrongful Termination Suit

In Bailey v. Alpha Technologies Inc., et. al., Case No. 16-0727 (W.D. Wa., June 1, 2017), Plaintiff sued Defendants for wrongful termination, failure to pay overtime, willful withholding of wages, and defamation. Regarding e-discovery, the parties’ entered into a protocol agreement which outlined the acceptable ESI production formats. The agreement provided that ESI could be

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October 24, 2016

District Court Affirms No Native Format Production After Three Years of PDF Production

Wai Feng Trading Co., Ltd. et. al. v. Quick Fitting, Inc., Consolidated Case Nos. 13-056 and 13-033 (D. R.I., Sept. 30, 2016) arose when the parties sued each other over breaches of various agreements as well as theft of intellectual property, and the cases were consolidated. Discovery in the case was “tortuous”; in the end,

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April 25, 2016

Eastern District of North Carolina Compels Re-Production of Certain ESI in Native File Format

Plaintiff in Spring v. Board of Trustees of Cape Fear Community College et. al., Case No. 15-00084 (E.D. N.C., Apr. 7, 2016) sued Defendants, a community college and various of its board members in their official capacity, for breach of contract as well as violations of various constitutional rights. Plaintiff was the former President of

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April 13, 2016

In Fatal Pipeline Explosion Case, PG&E Ordered to Turn Over Key Document in Native Format

In United States v. Pacific Gas & Electric Co., Case No. 14-00175 (N.D. Cal., Mar. 28, 2016), the California Northern District Court was faced with determining whether a letter requested pursuant to subpoena should be ordered produced in native format. In this case, Plaintiff U.S. federal government brought charges, including an obstruction of justice charge,

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April 1, 2016

Supreme Court of Vermont Affirms Dismissal for eDiscovery Misconduct

The Supreme Court of Vermont has affirmed the dismissal of a complaint based upon the plaintiff’s eDiscovery misconduct. In Synecology Partners, L3C v. Business RunTime, Inc., et. al., Case No. 2015-253 (Sup. Ct. Vt., Mar. 4, 2016), Plaintiff sued Defendants for various business torts, including theft of intellectual property and exposure of trade secrets, as

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February 3, 2016

Emails in Native File Format Uncover Alterations

In Cat3, LLC et. al. v. Black Lineage, Inc. et. al., Case No. 14-5511 (S.D.N.Y., Jan. 12, 2016), Plaintiff sued Defendants for trademark infringement, unfair competition, false designation of origin, and cybersquatting under the Lanham Act. The case involves two websites – SLAMXHYPE.com, owned by Plaintiffs, and FLASHXHYPE.com, used by Defendants. During discovery, the parties

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November 9, 2015

Texas Court of Appeals Upholds Order Compelling Native Format ESI Production

The Court of Appeals of Texas recently affirmed an order compelling State Farm to produce records in native format. In In re State Farm Lloyds, Case No. 13-14-00616 (Tx. App. Ct., Oct. 28, 2015), the Court of Appeals affirmed the decision of the trial court in the underlying action, which involved a homeowner’s insurance claim