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July 19th, 2018

Court Declines to Impose Spoliation Sanctions Where Yahoo! Deleted Defendant’s Emails

July 6th, 2018

Judge Orders Production of Cell Phone Records in Golden State Case

July 4th, 2018

Court Rules that Failing to Review Documents for Responsiveness Violates FRCP

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    • Latest Trends and eDiscovery Case Law Newsletters
    • Strategic eCertainty

    Posted on November 27th, 2013 by

    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 one issue at hand in …

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    • Latest Trends and eDiscovery Case Law Newsletters

    Posted on October 23rd, 2013 by

    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 productions, and why is metadata …

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    • Latest Trends and eDiscovery Case Law

    Posted on October 7th, 2013 by

    In Westdale Recap Properties, Ltd. et al. v. NP/I&G Wakefield Commons, LLC et al., No. 5:11-CV-659-D (E.D.N.C. September 26, 2013), plaintiff was a shopping mall tenant who sued the defendant property manager for fraud and unfair and deceptive practices, among other claims. After exchanging agreed-upon ESI protocols, the defendants moved for a time extension. In …

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    • eDiscovery

    • Electronic Discovery

    Posted on August 28th, 2013 by

    Our last blog reviewed the legal standard for spoliation of electronically stored evidence in a district court case within the 10th Circuit. In Herrmann v. Rain Link, Inc., Case No. 11-1123-RDR (D. Kan. July 19, 2013), the court ultimately held that although the defendants failed to preserve ESI, this was merely negligent and plaintiffs failed …

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    • Class Action Lawsuits

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    • eDiscovery

    • Electronic Discovery

    • Latest Trends and eDiscovery Case Law

    • Metadata

    • Sanctions

    • Spoliation

    Posted on August 19th, 2013 by

    In an order handed down August 7, 2013, a California Court of Appeals considered a class action attorney fee request of $24 million. The case is Ellis v. Toshiba, Nos. B220286, B227078 (Cal. Ct. App. 2013), and it has a very long history. The basic issue on appeal is whether attorney Lori J. Sklar is …

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