Production of Electronic Documents

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]

Andy Thayer v. Ralph Chiczewski, et al.

Introduction Andy Thayer (“Plaintiff”) a protestor that was arrested while protesting the Iraq war, brought a civil rights suit against the City of Chicago (“City”), alleging that the City violated his constitutional rights when they arrested him and other protestors gathered for an unpermitted protest. (The City had previously denied the Plaintiff and the other[…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]

Jon Domanus, et al. v. Derek Lewicki, et al.

Introduction The Plaintiffs, shareholders in Krakow Business Park SP. ZO.O. (“KBP”), brought suit against the Defendants, Derek Lewicki, Richard Swiech, and Adam Swiech. Plaintiffs asserted claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (“RICO”). In the instant action, the Plaintiffs claimed that the Defendants participated in the spoliation of evidence by[…Read More]

Loest & McNamme v. Camera / Broadbent Selections

Plaintiff’s counsel filed a Motion for Sanctions against Defendants Katherine Camera, an individual, and Broadbent Selections, Inc. Defendants’ Counsel Mr. Joseph Marconi and Mr. Victor J. Pioli of Johnson & Bell LTD. successfully defeated those allegations using analysis of Forensicon’s Senior Examiner, Yaniv Schiff.

Employment & Sanction Defense

Forensicon was retained to assist a local financial services company defend against multiple alleged employment related claims including discrimination, harassment, and retaliation. The company’s internal IT department had preserved some data related to discovery requests, but counsel wanted an independent, experienced firm to perform an audit and verify the preservation techniques utilized.

Pinstripe, Inc. v. Manpower, Inc.

On Oct. 25th, 2007, Pinstripe filed suit against Manpower, Inc. and IBM for breach of contract. Attorneys for Manpower immediately drafted a litigation hold, but in January 2009, in-house counsel the company had failed to issue the hold. Further investigation revealed that two employees may have deleted pertinent email data. Forensicon was hired to conduct[…Read More]

Campbell v. General Dynamics Government Systems Corp.

Email Deemed Insufficient Notification of Mandatory Arbitration for Employee Disputes with the Firm 321 F.Supp.2d 142 (Mass. 2004) The plaintiff brought an action against his former employer alleging he was wrongfully terminated due to his medical condition. The employer had the case removed to federal court, and motioned the court to stay all federal court[…Read More]

In re Lowe’s Companies

Order Compelling Production of Database During Deposition Ruled Overbroad 134 S.W.3d 876 (Tex. App. 2004) In a personal injury case, the defendant appealed a court order compelling the production of a database, which was used to compile information on accidents and injuries that occurred in the defendant’s stores. The order instructed that during an upcoming[…Read More]