Tag: plaintiff esi production

  • 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

  • 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

  • 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

  • Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

    12 Aug 2013

    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

  • Can Plaintiffs Keep Facebook Profiles “Private” to Shield from eDiscovery?

    7 Aug 2013

    “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,

  • Court Rejects Trend Requiring Threshold Showing for Plaintiff Social Media Accounts

    1 Jul 2013

    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

  • District Court Chastises Defendant for Lack of eDiscovery Knowledge

    22 Apr 2013

    Many lawyers now have a good understanding of electronic discovery law and technological advances, and the updated ABA model rules require this understanding to fulfill the ethical requirement of competence. For attorneys who lack this knowledge or who attempt to claim ignorance to evade discovery obligations should take note: courts

  • Deleted Facebook Account: Misunderstanding or eDiscovery Spoliation?

    8 Apr 2013

    In the case Gatto v. United Air Lines, Inc., Civil Action No.: 10-cv-1090-ES-SCM (N.D.N.J. March 25, 2013), the court entered an order on the defendant’s Motion for Sanctions in a personal injury case. The defendants requested information from Gatto’s social media accounts as part of the plaintiff ESI production, served

  • Court Grants Fees for Predictive Coding of Electronic Discovery

    20 Mar 2013

    The case of Gabriel Technological Corporation v. Qualcomm Incorporated, 2013 WL 410103,(S.D.Cal.) was an exceptional case where the court determined that plaintiffs’ “frivolous claims” in a patent lawsuit (where among others, plaintiff failed to provide sufficient evidence to establish the rightful inventors of the patents at issue) warranted sanctions and cost shifting. 

  • District Court: Email is Obvious and Critical Source of Information

    20 Feb 2013

    On Monday, our blog reviewed a federal district court case Branhaven, LLC v. Beeftek, Inc., et al., Civ. No. WDQ-2334 (D. Md. 2013). In the case, after five months, plaintiff produced electronic data that consisted of 112,106 documents three days before oral depositions were scheduled. Although plaintiff offered some excuses