plaintiff esi production Archives - Page 2 of 3

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February 1, 2013

Plaintiff Trial Attorneys Cite Email Threads as Key Evidence in Antitrust Litigation

One of the ongoing themes in our blogs is how email threads are not only relevant in civil litigation, but they can also be critical evidence to a case. This is particularly true for plaintiff electronic discovery requests against large corporations, as internal emails often reflect candor and truth not found in formal documents. This

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January 30, 2013

Social Media Disclosure in Plaintiff ESI Production Requires Threshold Showing by Defendant

One new area of plaintiff electronic discovery that is often contentious is the request for access to personal social media accounts. Defendants are now commonly requesting total access to plaintiffs’ Facebook, Twitter, Instagram and other accounts as part of eDiscovery. Many plaintiffs understandably object to this, typically alleging the requests are overbroad, an invasion of

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December 26, 2012

Administrative Judge Limits Complainant/Plaintiff ESI Production in UTC Action

As part of a patent complaint before U.S. International Trade Commission, entitled In the Matter of Certain Electronic Imaging Devices, Inv. NO. 337-TA-850 (Nov. 19, 2012), one issue was the scope of eDiscovery. This is an administrative proceeding and the parties are not bound by the federal rules of evidence. The International Trade Commission (ITC)

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December 14, 2012

Court Rules Handing Over iPhone Outside Scope of eDiscovery Requests

In AllianceBernstein L.P. v. Atha, (2012 NY Slip Op 07766)(Nov. 15, 2012), plaintiff was an investment firm alleging breach of contract and misappropriation of confidential information by the defendant, a former employee. As part of the suit, plaintiff secured a temporary restraining order (TRO) preventing defendant from retaining or using any of its confidential information.

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December 12, 2012

eDiscovery Lesson: Surprise! Dismissal Proper After Taking Sledgehammer to Computer

In Taylor v. Mitre Corporation, 2012 WL 5473573 (E.D.Va. Nov. 8, 2012), an employee alleged employment discrimination. After making the requisite EEOC claim, the employee took a “sledgehammer” to his work computer containing email threads and discarded the scraps in a landfill. He subsequently received the “right-to-sue” letter from the EEOC and filed his complaint

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December 10, 2012

DOJ’s Untimely Litigation Hold Results in Inadequate ESI Production and Sanctions

In the recent case of U.S. ex rel. Baker v. Community Health Systems, Inc., 2012 WL 5387069 (D.N.M. Oct 3, 2012), the U. S. Department of Justice (DOJ) alleged the defendant engaged in Medicaid fraud. In a motion for sanctions, defendant alleged that the DOJ’s litigation holds were untimely and as a result, critical emails

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November 26, 2012

Sweeping Plaintiff eDiscovery Ordered for Social Media Accounts in Class Action Lawsuit

Courts have struggled to strike the proper balance between discoverable information and the invasions of privacy rights of plaintiffs with social media accounts. While the general rule of thumb is for defendants to make a threshold showing of relevancy before private information is ordered produced, a federal court in Colorado recently ordered all social media accounts

plaintiff esi production Archives - Page 2 of 3 - ILS