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How Third Party ESI Requests Collide with the Stored Communications Act
The Plaintiff in an online fraud case sought the production of personal email messages from Yahoo. Jimena v. UBS AG Bank, Inc., 2010 U.S. Dist. LEXIS 95050 (E.D. Cal. Aug. 27, 2010). The allegations...
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The Return Line in e-Discovery
The Court in Radian Asset Assur., Inc. v. College of the Christian Bros. of N.M., wrestled with the issue of compelling the return of an imaged hard drive that had been produced in discovery in a...
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A Civil Procedure Car Crash
A short Civil Procedure Overview: 1) A protective order must correspond to a discovery request; and 2) A motion to compel needs to have an underlying request. In an auto-recall case, the Plaintiff had...
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Driving the Snakes from e-Discovery Seminar
Driving the Snakes from e-Discovery, the first seminar by the Santa Clara County Bar Association e-Discovery Task, will be on March 17, 2011 in San Jose, California. This two-hour seminar is the first...
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Santa Clara Bar Association Expert Deposition Seminar
Go “On the Record” with the Santa Clara County Bar Association Civil Practice Committee’s new expert deposition seminar on June 22 at 6:00pm. To register, click here. “On the Record” is a seminar with...
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Streaming Early Discovery in Online Music Infringement
The Plaintiffs filed a suit alleging copyright infringement against the online proprietors of Korean pop music website where the Defendants “post, organize, search for, identify, collect and index...
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A Civ Pro Review of Jurisdiction
Judge Susan Illston could not simply Tweet her decision with 140 characters in Twitter, Inc. v. Skootle Corp. Twitter sued the Defendants on numerous causes of action for the Defendants’ alleged...
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You Do Have to Look for Discovery in Your Possession
A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant...
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No Differences in Discoverability Between Social Media & Email
Letters versus telegrams. Faxes versus emails. Attorneys must be familiar with the many ways people have communicated in the everyday course of their lives. “Social media” is just another evolution in...
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2012 Case Law Year-In-Review
2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases...
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Meet & Confer at 10 Paces
There are attorneys who believe the most effective Rule 26(f) meet and confer is simply meeting at dawn with dueling pistols. The parties in Procongps, Inc. v. Skypatrol, LLC, fought over proclaimed...
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Santa Clara Bar Association Expert Deposition Seminar
Go “On the Record” with the Santa Clara County Bar Association Civil Practice Committee’s new expert deposition seminar on June 22 at 6:00pm. To register, click here. “On the Record” is a seminar with...
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Let’s Play eDiscovery Baseball
We have Geek Judges. I love those Jurists. We also have Judges who love sports. I have a gut feeling it would be fun to go see a baseball game with Magistrate Judge Young B. Kim. Bagwe v. Sedgwick...
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Proportionality and Labeling ESI Productions
The new Amendments to the Federal Rules of Civil Procedure are bringing new voices to discuss eDiscovery. Magistrate Judge Nina Y. Wang issued a thoughtful opinion of the new Rules in Kissing Camels...
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