What Happens When Video Evidence Is Changed, But Not Deleted?
In May 2014, Hon. Janet Bond Arterton, U.S.D.J. for the District of Connecticut ruled that sanctions were not appropriate in a case involving the conversion of a security video’s native format....
View ArticleAll That Glitters is NOT Gold
Plaintiffs asked Defendants for documents to be scanned and produced as searchable PDFs. Defendants did exactly that. So, there’s no problem, right? Wrong. Plaintiffs felt a little slighted, to say...
View ArticleHow Can One Secure An Order Protecting One From Producing Certain ESI?
This matter came before the court upon Plaintiff Black & Veatch’s Motion for Protective Order and Request for Discovery Conference. B&V entered into a series of agreements wit American Electric...
View ArticleProphylactics Do Not Protect Pharmaceutical Companies From Data and Document...
In this case, the Plaintiff Nicole Baker sues Bayer Healthcare Pharmaceutical Inc., complaining that the Bayer product Mirena was not adequately accompanied by warnings of its side effects. She asks...
View ArticleChanging Horses Midstream? Court Says “Yes” to plaintiff Switching From...
The court entered its usual case management order setting forth a timeline of how this case was going to proceed. One of the first phases of litigation is the discovery phase. This means that both...
View ArticleSpoliation By Plaintiff? Deleting Text Messages Can Result In Court Sanctions
This case provides an important lesson for any person involved in a lawsuit involving text messages as evidence. Here, a group of employees was suing their employer for discrimination under Title VII....
View ArticleClawing Back Digital Data is Risky Business
Why is clawing back digital data any more dangerous than clawing back physical documents? Imagine making physical copies of one thousand documents. That would take a long time, right? Now, imagine...
View ArticleWhat Responsibility Does An ESI Producing Party Have in Reviewing the...
ESI is usually massive and its discovery burdensome. The proportionality consideration is thus often a deciding factor for courts to impose a particular document production protocol. The rules of ESI...
View ArticleWhy Did the United States District Court Find Apple’s Proposed Protective...
Even Apple’s extremely valuable source code is not entitled to an arbitrary, unreasonable, and unduly restrictive protective order. Instead of adopting Apple’s proposed protective order, the United...
View ArticleDoes Inadvertent Disclosure Destroy the Safe-Haven Afforded by...
Last spring the District Court for the District of Colorado heard argument on Galena St. Fund, LP v. Wells Fargo Bank, N.A. Plaintiff Galena specifically appealed to the court to compel discovery with...
View ArticleConsumer Credit Reporting Leads to Flurry of Discovery-Based Motion Practice
After requesting and receiving a consumer credit disclosure from defendant Experian, plaintiff Edward Dixon noticed that Experian was not reporting his payment history concerning his mortgage account...
View ArticleProphylactics Do Not Protect Pharmaceutical Companies From Data and Document...
In this case, the plaintiff Nicole Baker sued Bayer Healthcare Pharmaceutical Inc., complaining that the Bayer product Mirena was not adequately accompanied by warnings of its side effects. Baker asked...
View ArticleDenial of Discovery Request: Can One Refuse to Produce Documents?
Executive Mgmt. Services, Inc. v. Fifth Third Bank is not a riveting case to read. It involves a rather mundane breach of contract claim by the plaintiff alleging wrongdoing by the defendant. Namely,...
View ArticleWhen Does A Party Have to Produce ESI In Native Format?
The form of ESI production is specified in Rule 34, subject to court-approved agreement between the parties. If a particular format is important to a requesting party, it is critical to stipulate it...
View ArticleWhen Responding to Document Requests, What Format Must the Documents Be...
In this case, a non-profit corporation, National Jewish Health, is suing WebMD. A very important sub-issue arose in this case regarding electronically stored information requested by the plaintiff...
View ArticleWhat Should a Party Not Do When Compelled to Turn Over Computers after Having...
It is never a good idea to raise the suspicions of the court. If a party is going to try to cover its tracks, it has to do so subtly and discretely. It certainly has to do a better job than Dr. O did...
View ArticleTake Discovery Seriously
The court first directed the defendant to produce the file of the plaintiff’s insurance claim in 2007, and needless to say, even in 2014 the defendant still had not produced everything. Over one year...
View ArticleWhat Sanctions May a Court Impose On a Party That Fails to Comply With a...
The plaintiff and the defendants both sold Belly Bands, the plaintiff alleged that both Belly Bands were maternity band used to hold up pants. The plaintiff previously filed cases against the...
View ArticleProtection For Blogs Can Stop Discovery On Personal Blogger Information!
This case involves ACT, a career guidance service firm that assists job seekers throughout their job search, suing Daniel Drasin, the administrator of a blog known as Random Convergence. According to...
View ArticleDeleted Documents? Improper Withholding of Evidence?
Larry Klayman sued six separate journalist defendants for defamation. This case is about Klayman wanting more discovery from the defendants. Specifically, Klayman’s motion is to compel the production...
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