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.
Zubulake Revisited: Six Years Later
A recent case out of the Southern District of New York sheds additional light on the issue of defining negligence, gross negligence, and willfulness in the e-discovery context, and gives insight into what types of conduct fall in each of those categories.
Practice Tip: Create a Clean Transaction Record
I’m the only deal lawyer on the E-Discovery Task Force, so I come at issues from a slightly different perspective than the rest of the group. In addition to the important litigation discovery issues brought about by electronic document creation, transmission and storage, there are numerous practical issues to consider. Take, for example, the issue of creating and maintaining clear transaction records.
Topics
- Branding
- Intellectual Property
- Social Networking Sites
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- Stored Communications Act of 1986
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- E-Discovery Project Plan
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- 2006 FRCP E-Discovery Amendments
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- Native Format of Documents
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- Technology
- Zubulake
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- Sedona Conference
- Rule 34
- Rule 26
- Rule 1
- Federal Rule
- Cooperation Proclamation
- Risk Assessment
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- Bet-the-Company Litigation
- TREC Legal Track
- Litigation
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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
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- 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