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Measure for Measure: Sexting, District Attorneys and Restraining Orders
Parenting has never been easy. Since cell phones starting having cameras, parents have had to talk to their teenage children about the dangers of “sexting.” For those who have never heard of this...
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Discovery is Not a Video Game: There are No Cheat Codes around Discovery...
Hochstein v. Microsoft Corp., involves litigation over the Xbox video game system. The Court issued an Order for discovery to close on October 31, 2008. Hochstein v. Microsoft Corp., 2009 U.S. Dist....
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Attorney Client Text Messages or Texting & Depositions Don’t Mix
A child was injured at an Old Navy store (a subsidiary of the Gap) on a clothing rack, and naturally, a lawsuit followed in Federal Court based on Diversity Jurisdiction. Wei Ngai v. Old Navy, 2009...
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Don’t Argue Imaginary ESI Production Problems
In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production arguments that illustrate the need to understand the processing abilities of electronically stored...
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Proving Conspiracies with Electronically Stored Information
There is no shortage of people utilizing technology to facilitate illicit or questionable actions. Below are two recent examples. Price Fixing Conspiracy In In re Static Random Access Memory Antitrust...
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Going Too Far with a Litigation Hold: Do Not Secretly Copy the Adverse...
In a business divorce, the Plaintiffs received a litigation hold notice from the Defendants. The Plaintiffs then secretly copied computer files from the Defendants’ data center in Oakland, California...
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Espresso, WiFi, & Confidentiality with a Twist of Lemon
Many attorneys, as with a large contingent of the general public, do not possess much, if any, technological savvy. Although the Committee does not believe that attorneys must develop a mastery of the...
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eDiscovery Does Not Mean Esoteric Discovery
News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence,...
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eDiscovery Ethics Webinar with Judge Facciola on June 21, 2012 (Hosted by...
Approved for one hour of California General CLE Credit. The duty of competency requires lawyers to have the legal knowledge, skill, thoroughness and preparation reasonably necessary for the...
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Guest Post on Everlaw: Is An Attorney Responsible for Manually Reviewing...
I prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer...
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