Tag: metadata

  • Court Refuses to “Do Defendant’s Work For It” in Email Metadata Dispute

    14 Sep 2015

    In Marcantonio v. Comcast Cable Communications Management, LLC, Case No. 14-03313 (D. Colo., Aug. 25, 2015), Plaintiff sued Defendant, her former employer, over her termination. Defendant demanded production and inspection of metadata related to emails that Plaintiff had produced in hard copy, ostensibly from her personal computer. Plaintiff objected, stating that she did not have

  • Defendant’s Excuses are Insufficient, Must Provide Electronic Documents with Metadata

    5 Dec 2013

    In RPM Pizza, LLC v. Argonaut Great Central Insurance Company, No. 10-684-BAJ-SCR (Dist. Court, M.D. Louisiana Nov. 15, 2013), plaintiff RPM Pizza (doing business as Domino’s) sued defendant Argonaut for payment on an insurance claim. RPM Pizza was accused of violating the Telephone Consumer Protection Act, and they expected Argonaut

  • Defendant Must Provide Electronic Documents in Reasonable Form

    1 Dec 2013

    In Home Instead, Inc. v. Florance, No. 8:12CV264 (Dist. Court, D. Nebraska Nov. 8, 2013), plaintiff Home Away alleged defendant Florance violated a non-compete agreement, took trade secrets and used licensed marks of Home Away without permission. Florance operated a franchise under Home Away for fifteen years. During depositions, Florance

  • PDF Files Without Metadata: Acceptable Defense Production?

    27 Nov 2013

    If a defense production is tendered as electronic data in PDF form, non-searchable and without metadata, does it meet the discovery requirements of Fed.R.Civ. Pro. 34? Or do plaintiffs have grounds to object and request an order of court compelling the production in native file format? This question is but

  • Court Disagreed that Plaintiff Metadata Reflected Attorney Misconduct

    15 Nov 2013

    Can metadata steer parties in the wrong direction, or offer information that can be misconstrued or interpreted in the wrong way? This was a question in the case HSBC Bank USA v. Santana Cline, et al., Civil Action No. 2:13-cv-00978 (S.D. Ohio October 25, 2013), where defendants alleged attorney misconduct

  • Application Metadata vs. System Metadata: Federal Court Examines the Sedona Principles

    13 Nov 2013

    In our last blog, we discussed the case Teledyne Instruments, Inc. v. Cairns, et al., Case No. 6:12-cv-854-Orl-28TBS (M.D.Fl. October 25, 2013), where a District Court agreed that defendants’ alleged “inconsistencies” in metadata for two productions was normal and expected. Why did the court come to this conclusion? The court

  • Is Forensic Imaging Warranted if Defendant Metadata Appears Inconsistent?

    11 Nov 2013

    Metadata, or data about data, is becoming a real hot topic in the area of plaintiff electronic discovery law. In an eDiscovery order in the case Teledyne Instruments, Inc. v. Cairns, et al., Case No. 6:12-cv-854-Orl-28TBS (M.D.Fl. October 25, 2013), plaintiff sued defendant for breach of contract and other business

  • Court Orders Defense Production in Searchable Electronic Format with Metadata

    6 Nov 2013

    In Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762 (N.D.Cal. October 1, 2013), plaintiff electronic discovery requests were sent and defendant responded by producing 28,786 documents on the discovery due date of August 20. After the deadline, defendants then produced 100,692 documents three weeks later, then 99,778

  • Plaintiff ESI to Be Uploaded to Secure Database in FDIC Case

    4 Nov 2013

    In FDIC v. Giannoulias et al., No. 12 C 1665, (N.D.Ill. October 23, 2013), plaintiff FDIC, acting as receiver for a bank, sued to recover millions of dollars in losses for loans the FDIC alleged the defendants had negligently approved. Discovery commenced and “Phase II” of discovery included plaintiff ESI

  • Litigation Involving Native Files and Metadata

    23 Oct 2013

    Courts Support Plaintiff eDiscovery Requests; Require Increased Defendant Data Production Modern discovery presents technological challenges to every litigator, and emerging ethical rules make clear that it is every attorney’s duty to understand electronic discovery. What is a native file? What is metadata? How does metadata compare to TIFF and PDF