Tagged with: plaintiff esi production

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    Posted on November 29th, 2013 by

    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 such case is Woodward v. Victory …

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    • Analytic eCertainty

    Posted on November 15th, 2013 by

    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 arising from metadata in the …

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    Posted on August 12th, 2013 by

    Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account. In an order dated July 19, 2013 in …

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    Posted on August 7th, 2013 by

    “Postings on Facebook and other social media present a unique challenge for courts, due to their relative novelty and their ability to be shared by or with someone besides the original poster.” Such was the issue facing a district court in Higgins v. Koch Development Corporation, No. 3:11-cv-81-RLY-WGH(S.D.In. July 5, 2013). In its entry on …

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    • eDiscovery

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    Posted on July 1st, 2013 by

    As almost everyone is on social media sites, a common issue most plaintiffs will face in civil litigation is requests for production of information and electronic data regarding these sites. Not surprisingly, data from Facebook accounts, both the public and private portion, are commonly requested by defendants as part of the plaintiff ESI production. We …

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