Clik here to view.
Ensuring Searchable Production Formats (Or Don’t Tick off the Judge)
Parties should be very careful when Courts start referring to a party’s views on electronically stored information as “dismissive.” More importantly, if a party boasts that they use a litigation...
View ArticleClik here to view.
One Year Later: A California Metadata Case
June 29, 2010 marks the first anniversary of the California Electronic Discovery Act. It is unlikely there are any decorations at state courthouses celebrating the date. There are many California...
View ArticleClik here to view.
A Discovery Jewel: Keeping Requests in Focus
R.F.M.A.S., Inc. v. So is the story of a copyright infringement and trade dress suit over jewelry designs. The extensive opinion covers everything from spoliation to discovery requests. A small...
View ArticleClik here to view.
Nothing to Fear, But the Production of Metadata
In an employment class action against Allstate involving alleged coercion to convert employees into independent contractors without their original benefits, the Plaintiffs sought the production of...
View ArticleClik here to view.
Cooking with Undue Burden & Metadata
In a business dispute, the Plaintiffs sought the production of email messages in native file format with metadata. The successor counsel to the Defendant claimed producing as TIFF’s would be...
View ArticleClik here to view.
Not All Productions Are Musicals
In a dispute over the creation of Jersey Boys, we see the production of electronically stored information is no musical. Corbello v. Devito, 2010 U.S. Dist. LEXIS 125207 (D. Nev. Nov. 12, 2010). For...
View ArticleClik here to view.
Burning the Cost of Production & Review
Everyone got burned in this case, including the Court, the Federal Rules of Civil Procedure and especially Rule 1. Brinckerhoff v. Town of Paradise, 2010 U.S. Dist. LEXIS 126895 (E.D. Cal. Nov. 18,...
View ArticleClik here to view.
Bates Numbering ESI & Other Dates with a Recycle Bin
There are battles that do not make sense. This is one of those cases. In a civil dispute over fraudulent investments, the Plaintiff brought a motion to compel the Defendant to “Bates Label”...
View ArticleClik here to view.
All You Need is Metadata
When it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in...
View ArticleClik here to view.
Too Many Cooks in eDiscovery
Also Posted on frank! The Nextpoint Blog There are phrases a lawyer never wants to hear a judge say. One is your law firm “acted negligently in failing to comply with its discovery obligations.”...
View ArticleClik here to view.
A Good Cause Metadata Nursery Rhyme
A Plaintiff sought the production of metadata of a Word document that was created after the commencement of the lawsuit. The Word document was the Chinese translation of hours the Plaintiff, a nanny...
View ArticleClik here to view.
Can You Get a Default Judgment for Producing TIFFs?
A Plaintiff brought a motion for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b), based on the Defendant’s untimely production of ESI as non-searchable TIFFs without metadata....
View ArticleClik here to view.
Broken Trust Does Not Mean Discovery Sanctions
Parties end up in litigation often because trust has been broken. Distrust can make discovery in civil litigation even more of a legal brawl than anyone enjoys. In Malone v. Kantner Ingredients, the...
View ArticleClik here to view.
Good Idea to Request Metadata
The form of production and metadata are center of many motions in compel. One such battle was fought in a case in Alaska regarding insurance coverage. The requesting party sought the production of an...
View ArticleClik here to view.
Do You Really Need to Ask for Metadata?
There are many lawyers who have an unnatural fear of producing associated metadata with ESI productions. I have always viewed this as producing printed paper without ink on the pages. This is one of...
View Article
