Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case
The recent decision of a Utah District Court has opened the door to ex parte discovery in cases involving website content. In 1524948 Alberta Ltd. V. Joe Doe 1-50, No. 10-900 (D. Utah September 23, 2010), the plaintiff alleged that certain website content infringed on its trademark and was defamatory.
Be Careful What You Post: Social Networks Are Discoverable
As two recent cases have made it abundantly clear, one must be very careful what is posted on your social networking cites. I was fascinated by the discussion in the blog on Forbes website entitled: Do Your Social Networking Privacy Settings Matter If You Get Sued? by Kashmir Hill.
Retrieving Discoverable E-Discovery Data from Social Media Sites: Or, "Wow, is this what I asked for?!"
A great deal of attention has been properly paid to the inherent data privacy and compliance issues surrounding critical e-discovery data stored on social media sites such as Facebook, LinkedIn and Twitter. Moreover, when this same data is stored in the Cloud, these issues become further complicated.
Court Rules on Social Media Sites' Privacy Settings
On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.
Always Have A Plan
As it is so eloquently stated in the Canadian legal blog, SLAW in the article entitled Practice of Law: Practice Management by Peg Duncan; it is crucial to always have an E-Discovery Project Plan.
Your E-Discovery GPS: Are You on the Right Track?
A question I am sometimes asked, and one which never fails to trigger an immediate onset of nervous ticks and twitches, is the question of what general direction most jurisdictions are moving in the majority of their important e-discovery decisions.
"Massive" E-Discovery Failures Result in $8.5 Million Sanction
For anyone with a few minutes, I would highly recommend reviewing Qualcomm Inc. v. Broadcom Corp., a recent decision out of the U.S. District Court for the Southern District of California. In this case, which was originally a patent dispute, the court imposed a $8.5 million sanction against Qualcomm as a result of “massive” e-discovery failures, the fundamental root of which was “an incredible breakdown in communication.”
Oh the stories a copier can tell!
It seems that most every copy machine manufactured since 2002 contains and uses hard disk drives. Better yet, most all of these copiers are now digital MFPs (MultiFunction Products) that scan, email, fax ,and copy. As you’ll see in the CBS report, the device has to store a copy of the document being printed or imaged on that hard drive in order to do its work. Worse, those images can be retrieved, in many cases, just as files on a computer hard drive can be retrieved.
Does Your Law Firm Follow ESI Best Practices
Over the years the overwhelming volume of electronically stored information (ESI) continues to grow.
What do you think?
Over the past several weeks, we have been blogging about various e-discovery topics. We think the topics are interesting, but what do you think?
Topics
- Branding
- Intellectual Property
- Social Networking Sites
- Privacy Laws
- MySpace
- Stored Communications Act of 1986
- Social Media Content
- RFP
- Evidence
- Privacy
- Social Media
- E-Discovery Project Plan
- E-Discovery Case Law
- 2006 FRCP E-Discovery Amendments
- Digital copier hard drive security
- Native Format of Documents
- Cloud Computing
- Technology
- Zubulake
- Sanctions
- Email Retention
- Sedona Conference
- Rule 34
- Rule 26
- Rule 1
- Federal Rule
- Cooperation Proclamation
- Risk Assessment
- Electronic Data Discovery
- EDD Processing
- Bet-the-Company Litigation
- TREC Legal Track
- Litigation
- ESI
- E-Discovery
- Outsourcing
- Document Review
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Recent Posts
- E-Discovery Vendor or Partner: It’s All in the Name
- Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case
- Be Careful What You Post: Social Networks Are Discoverable
- Retrieving Discoverable E-Discovery Data from Social Media Sites: Or, "Wow, is this what I asked for?!"
- Court Rules on Social Media Sites' Privacy Settings
- Always Have A Plan
- Your E-Discovery GPS: Are You on the Right Track?
- "Massive" E-Discovery Failures Result in $8.5 Million Sanction
- Oh the stories a copier can tell!
- Does Your Law Firm Follow ESI Best Practices