Tag: plaintiff ediscovery

  • International Litigation Services Welcomes Joshua Rosenberg as President and CEO

    6 Jun 2022

    Rosenberg is a highly accomplished legal veteran with proven track record in company growth Irvine, California – June 6, 2022 – International Litigation Services (ILS), a leading e-discovery service provider and ESI consultancy, today announced the appointment of Joshua Rosenberg as president and CEO. Rosenberg is a highly regarded industry

  • The Controversy of Federal Rule 37(e)

    26 Feb 2014

    Would the Proposed Amendment Harm Plaintiff eDiscovery? As of February 18, 2014, the public comments to the proposed amendments to the Federal Rules of Civil Procedure are now closed (extended from the original deadline of the 15th). One particularity controversial proposed amendment is regarding Rule 37(e). Plaintiff trial attorneys and in-house

  • 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

  • Plaintiffs Should Specify Exact Formats for Electronic Document Production

    3 Dec 2013

    In Rick James, et al. v. UMG Recordings, Inc., No. 11-cv-01613-SI (MEJ) (Dist. Court, N.D. California Nov. 8, 2013), plaintiff, the estate of the late singer Rick James, alleges defendant UMG Recordings, Inc. underpays licensing royalties for digital downloads of recordings. The plaintiff eDiscovery requests sought Excel-versions of electronic documents

  • 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

  • Inadvertently Produced Email Threads Lead to Privlege Dispute

    29 Nov 2013

    Inadvertent discovery disclosure is governed by Fed.R.Civ.Pro. 26.  It is not entirely uncommon for a paralegal, support staff or even attorneys to mistakenly produce documents or electronic data that is protected by attorney-client privilege. However, when it does happen, it can easily lead to ongoing disputes over the production. One

  • 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

  • CD Disk OK When Discovery Request Fails to Specify ESI Format

    25 Nov 2013

    If a CD disk is produced with electronic data in native format but counsel cannot open it on a laptop, does it fail to meet the requirements of electronically stored information in Federal Rule 26? That was the question in the Order on Duces Tecum Production dated November 12, 2013

  • Plaintiff Ex Parte Request for a Forensic Copy of Defendant Computer Granted

    18 Nov 2013

    In the case Battelle Energy Alliance, LLC v. Southfork Security, Inc., 2013 WL 5637747 (D.Idaho), the district court granted an ex parte application for a temporary restraining order (TRO) against two named defendants, an individual and his employer. Plaintiff filed a petition for breach of contract and copyright infringement regarding

  • 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