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Another Cautionary Tale: Retain an eDiscovery Vendor Before Its Too Late
In the federal district court case Branhaven, LLC v. Beeftek, Inc., et al., Civ. No. WDQ-2334 (D. Md. 2013), the Court addressed the issue of delayed and inadequate plaintiff ESI production. The opinion is a ruling on defendant’s Motion for Sanctions, alleging that the plaintiff engaged in “discovery abuses intended
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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
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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
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Are Plaintiff Email Threads Protected by the Marital Communications Privilege?
While our blog typically focuses on plaintiff eDiscovery in class action lawsuits and MDL, in some instances, criminal courts also address electronic discovery issues that overlap into the civil realm. This is the case in the Fourth Circuit Court of Appeals case United States v. Hamilton, No, 11-4878 (Dec. 13,
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Counting Down the Top Plaintiff eDiscovery Cases of 2012
It has been an interesting year for plaintiff eDiscovery experts who monitor new developments in electronic discovery law throughout the country. While some of these cases are good for plaintiffs and others less so, in each situation, additional legal issues arise as modern eDiscovery jurisprudence continues to evolve. Top 2012
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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.
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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
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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
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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
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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