Computer Forensic Search Protocol

Philip Charvat v. Carnival Corporation – Spoliation Sanctions Denied

Charvat v. Valente, et al. 2015 WL 4037776 (N.D. Ill. July 1, 2015) In July 2012, plaintiff Philip Charvat, on behalf of himself and others, alleged defendant Carnival Corporation withheld documents and engaged in document spoliation after plaintiff sought an order compelling defendant to produce specific documents. Sixteen documents were listed by defendant on a[…Read More]

Stallings v. City of Johnston

Introduction The Plaintiff, Jayne Stallings, sued her former employer, the City of Johnston in a wrongful termination case. Stallings v. City of Johnston, 2014 WL 2061669 (S.D. Ill. May 19, 2014). While preparing for trial, certain discovery disputes arose which required an order from the magistrate judge from that district. After the magistrate judge’s order,[…Read More]

Bryan Sexton v. Vincent Lecavalier

Is failure to produce native email format sanctionable? E-Discovery methods and the issue with producing Gmail native files. Introduction In Sexton v. Lecavalier, No. 13 Civ. 8557 (S.D.N.Y. April 22, 2014), the Plaintiff moved for contempt against a third-party witness for failure to produce native format Gmail email messages. In a separate action, the Plaintiff requested[…Read More]

Sloan Valve Co. v. Zurn Industries, Inc.

Introduction The Plaintiff, Sloan Valve Company, brought a renewed motion for discovery sanctions against the Defendant, Zurn Industries, Inc., for failure to comply with discovery requests and the Magistrate Judge’s order. In the instant action, Sloan argued that the Defendant refused to adequately preserve documents that would have been responsive to the Plaintiff’s document requests[…Read More]

Northern Crossarm v. Chemical Specialties, Inc.

Party Must Specify the Format for Production of E-Documents 2004 WL 635606 (W.D. Wis. 2004) During discovery proceedings, the plaintiff requested copies of the defendant’s emails. The defendant produced copies of the emails that the plaintiff had requested, but did so in hard copy. When the plaintiff received the hard copies of the emails, which[…Read More]

Schreiber v. Schreiber

NY Supreme Court Establishes a Search Protocol 2010 N.Y. Misc. LEXIS 6058 (N.Y. Sup. Ct. June 25, 2010) During the discovery phase of a martial dispute, the New York Supreme Court established guidelines for a search protocol to assist the forensic examination of the defendant-husband’s work computer. Plaintiff-wife Sarah Schreiber moved for an order compelling[…Read More]

US Gypsum v. LaFarge North Am. Inc.

CHICAGO: December 4, 2009 Plaintiffs US Gypsum Co. entered into a law suit against LaFarge North Am. USG accused LaFarge of spoliation and patent infringement. USG also claimed that LaFarge stole manufacturing information. Forensicon was the mutually agreed and court accepted neutral expert that was charged with handling the collection of evidence and conducting the[…Read More]

Zakre v. Norddeutsche Landesbank

Defendant provided the plaintiff with two CD-ROM disks upon which the plaintiff filed a motion to compel further discovery. The defendant had already reviewed the disks to ensure that none of the defendant’s privileged information was on the disks; the defendant did not however, review the disks to single out the files that were responsive[…Read More]