Electronic Discovery Road Map

E-Discovery Vendor or Partner: It’s All in the Name

Stephanie M. Maw — Mon, 27 Jun 2011 12:00:00 -0400

A quick glance at Dictionary.com reveals the following definitions for the word ‘vendor’ vs. the word ‘partner’:

vendor:
-noun
1. a person or agency that sells.

partner:
-noun
1. a person who shares or is associated with another in some action or endeavor; sharer; associate.

How do you and your organization view your relationship with your external e-discovery service provider(s), as those of a vendor, or those of a partner? Frequently razzed about my overt avoidance of the word ‘vendor’ when seeking e-discovery RFP project consultations and bids at the onset of a new litigation matter, the word ‘vendor’ still never fails to leave a sour taste in my mouth.

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.

Tags: Branding, E-Discovery, Federal Rule, Intellectual Property, Litigation, Rule 26

Be Careful What You Post: Social Networks Are Discoverable

Christine M. Meer — Wed, 13 Oct 2010 12:00:00 -0400

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?!"

Stephanie M. Maw — Tue, 28 Sep 2010 12:00:00 -0400

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

J. Michael Hurst — Thu, 26 Aug 2010 12:00:00 -0400

On May 26^th, 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.

Tags: E-Discovery, E-Discovery Case Law, Litigation, Privacy, Social Media

Always Have A Plan

Christine M. Meer — Thu, 05 Aug 2010 12:00:00 -0400

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?

Stephanie M. Maw — Wed, 21 Jul 2010 12:00:00 -0400

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

Jamie M. Goetz-Anderson — Thu, 17 Jun 2010 12:00:00 -0400

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.”

Tags: E-Discovery, Electronic Data Discovery, Litigation, Sanctions

Oh the stories a copier can tell!

Richard E. Wills — Thu, 27 May 2010 12:00:00 -0400

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.

Reserve Your Rights: Always Ask for Native

Christine M. Meer — Thu, 08 Apr 2010 12:00:00 -0400

As the document production trend continues to move almost exclusively towards electronic formats, make sure you always indicate in your Request for Production of Documents the specific request that certain information may be requested in native format. This preserves your right to request documents that are not produced in a reasonable usable format to be produced later in a usable manner. Often times the most desirable, usable format is native especially if you anticipate Excel spreadsheets or drafts of contracts that may have hidden formulas or other information such as track changes.