-
Fourth Circuit Defends its Narrow Interpretation Regarding Taxation of Costs for Making Copies
In our last blog, we discussed the recent Fourth Circuit case Country Vintner v. Gallo, No. 12-2074 (4th Cir. 2013). In this case, the Fourth Circuit followed the Third Circuit’s reasoning in Race Car Tires Am. Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3rd Cir. 2012) to disallow
-
District Court Orders Specific Default Protocol for ESI Production
In the absence of concrete rules, or when parties seem to be unable to reach a compromise on electronic discovery, courts may outline specific orders to address all eDiscovery concerns. This was the case in the April 3, 2013 Order Regarding Electronically Stored Information in W Holding Company, Inc. v.
-
The Stored Communications Act and its Consequences for Plaintiff eDiscovery
The proliferation of smartphones for both personal and business use has now blurred the practical distinction between text messages and emails. When plaintiff trial attorneys need electronic data evidence contained within a smartphone, how can they gain access to text or email content and not run afoul of the Stored
-
Metadata is Not “Content” Under the Stored Communications Act
All this week, our blog has been discussing the 2013 case Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.), where a district court partially quashed a third-party subpoena served upon Google. The plaintiff sought discovery relating to emails directly from Google, as it alleged the defense production was inadequate
-
Court Partially Quashes Third-Party Subpoena Served on Google Under the SCA
Our last blog discussed the facts of Optiver Australia v. Libra Trading, 2013 WL 256771 (N.D.Cal.). This case stems from a foreign proceeding, and its ruling therein on whether the plaintiff’s subpoena for certain email communications from a third-party, Google, violates the Stored Communications Act (“SCA”). Plaintiff alleged that defendant purposefully
-
Metadata: Ask and You Shall Receive
Computer files and emails produced alone have only two-dimensions: you can only see what is on the screen or printed on paper. But how and when were those documents created? How do you know the file or email has not been altered? What formulas or procedures were used to create