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Invasion of Privacy and Spoliation on MySpace
It is true that mass communication is no longer limited to a tiny handful of commercial purveyors and that we live with much greater access to information than the era in which the tort of invasion of...
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The Missing Link: A Duty to Preservation Imbedded Images & Hyperlinks?
Paleontologists have searched for the missing link, the remains of an transitional life form, showing a state of evolution. Lawyers today continue the quest for missing links, but not for transitional...
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The Holding Pattern: Lessons Learned on Litigation Holds
The past three years have seen an increase of cases highlighting litigation holds and the duty to preserve electronically stored information. There is no shortage of cases that hold many “lessons...
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Spoliation! A New Drama at the District Courthouse about a Litigation Hold...
The stage is set: There is a triggering event for a lawsuit, a litigation hold is enacted and evidence is preserved. A drama played out not according to the above script with a law firm and client...
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Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically...
In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an action alleging a smear campaign against him. The Defendants in turn claimed the Plaintiff defamed...
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BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference...
Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered. Not with horses, but with...
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Establishing Prejudice: Putting the Brakes on Spoliation Motions
In a very short opinion, Magistrate Judge Facciola showed a path to putting the brakes on spoliation motions: “Assessing whether sanctions are warranted for the loss of otherwise discoverable...
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Audio Recording Sanction Blues
Many eDiscovery attorneys associate Chicago with 1) the Blues Brothers and 2) Magistrate Judge Nan Nolan. Judge Nolan granted in part and denied in part a motion to compel in an employment dispute. The...
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The Find a Litigation Hold App on An iPhone
In a dispute involving claims of monopolistic violations regarding booking A-list DJ’s at nightclubs, the Defendants did not take any steps to preserve or review text messages on an iPhone for...
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How to Get A Judge to Say “Stern Measures Are Called For”
How do you know there is a duty to preserve? When two managing officers involved in the termination of an employee are repeatedly asked by an attorney for their electronic calendars, including a letter...
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Tortious Spoliation of Metadata Claim Defeats Motion to Dismiss
A Plaintiff brought a motion for tortious spoliation of evidence for the alleged destruction of a native file report after the duty to preserve triggered. The Defendants produced the written report,...
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Spoliation, Texas Style
The Texas Supreme Court has clarified the standards for spoliation (in Texas). The rule is that Texas has a two-step process: (1) the Trial Court must determine, as a question of law, whether a party...
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Don’t Argue “Human Error” For Not Searching ESI
It is dangerous for lawyers to argue information was not searched for years because of “human error.” That is right up there with saying, “Your Honor, we goofed. Are we cool?” As we learned from Judge...
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How eDiscovery Experts Can Help Fight the Blues
Magistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King. Everyday I Have the Blues Here is the basic dispute in Procaps S.A. v. Patheon Inc.: The...
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Don’t Be Late and Ineffective with Litigation Holds
The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First,...
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How eDiscovery Experts Can Help Fight the Blues
Magistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King. Everyday I Have the Blues Here is the basic dispute in Procaps S.A. v. Patheon Inc.: The...
View ArticleClik here to view.
Don’t Be Late and Ineffective with Litigation Holds
The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First,...
View ArticleClik here to view.
How eDiscovery Experts Can Help Fight the Blues
Magistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King. Everyday I Have the Blues Here is the basic dispute in Procaps S.A. v. Patheon Inc.: The...
View ArticleClik here to view.
Don’t Be Late and Ineffective with Litigation Holds
The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First,...
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