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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. 

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Does Your Law Firm Follow ESI Best Practices

Over the years the overwhelming volume of electronically stored information (ESI) continues to grow. 

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Email Archiving Tips

It is a reality in today’s society that any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system must comply with the FRCP requirements.  The amendments which went into effect on December 1, 2006 mandate that companies be prepared for electronic discovery.  The organization must know where their data is, how to retrieve it, how to meet data requests, and they must determine what data will not be subject to search.

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The Cooperation Proclamation: Way of the Future or Ideal Never to Pass?

When the Sedona Conference issued its Cooperation Proclamation in 2008, the concept was simple: collaborate with the adverse party to make the electronic discovery process transparent, effective, and efficient.  Work together to reduce costs.  Cooperate to fulfill the true spirit and intent of the rules.  But is this possible? 

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