Electronic Discovery Road Map

Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case

Robert C. Lesan, III — Wed, 03 Nov 2010 12:00:00 -0400

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

Robert C. Lesan, III — Wed, 03 Mar 2010 12:00:00 -0500

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

Robert C. Lesan, III — Tue, 22 Dec 2009 12:00:00 -0500

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.