Opinion and Order Requiring Government Agencies to include Metadata & Load Files with FOIA Productions of ESI INTRODUCTION Plaintiffs (National Day Laborer) brought this action for the purpose of obtaining records from the Defendants (U.S. Immigration and Customs Enforcement Agency, Department of Homeland Security, the Federal Bureau of Investigation, and the Office of Legal Counsel)[…Read More]
Several of the largest technological corporations and Internet companies have joined forces with organizations across the political spectrum to show support for a proposed amendment to the 1986 Electronic Communications Privacy Act (ECPA). In July, companies such as Adobe, Facebook, Google, Intel, Microsoft, Oracle, Twitter and Yahoo wrote a letter to the Senate advocating the passage of[…Read More]
The government has been monitoring vast amounts of electronic data for years and this top secret program, also known as PRISM, has recently been exposed by former NSA contractor Edward Snowden. However, this is not the first time the U.S. Federal Government has been involved in monitoring and collecting electronic metadata and electronically stored information[…Read More]
CALIFORNIA CODE OF CIVIL PROCEDURE INTERSTATE AND INTERNATIONAL DEPOSITIONS AND DISCOVERY ACT SECTION 2029.100-2029.900 2029.200. In this article: (a) “Foreign jurisdiction” means either of the following: (1) A state other than this state. (2) A foreign nation. (b) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.[…Read More]
Despite having an active litigation matter where discovery of Google Drive (formally Google Docs) or Gmail is needed to complete discovery, you may have recently received a notice from Google that says they will not respond to your subpoena unless it is served upon them in their local jurisdiction. This might have you and your[…Read More]
Court Orders Monetary Sanctions for Failure to Produce Requested Emails in a Timely Manner 2010 Bankr. LEXIS 1217 (S.D.N.Y. Bankr. Ct. April 7, 2010) During the discovery phase of a suit alleging the breach of a purchase and sale contract, the Bankruptcy Court for the Southern District of New York ordered monetary sanctions against the[…Read More]
Non-Compliance with Employment Agreement Causes Competitor to Shoulder Costs 2009 U.S. Dist. LEXIS 22105 (N.D. Ill. 2009) During an employment dispute in which an employer alleged a breach of a confidentiality agreement, the Northern District of Illinois found the defendant’s forensic analysis insufficient for its failure to report a list of responsive files. After the[…Read More]
Defendant’s Failure to Support Assertion Waives Attorney-Client Privilege 2009 WL 4403364 (N.D. Ill. 2009) On the plaintiff’s motion to compel production of ESI, the Northern District ruled that the defendant’s failure to support its assertion that an email was inadvertently produced waived the attorney-client privilege. During the discovery phase of a suit under the Employee[…Read More]
Defendants Ordered to Pay Majority of Imaging Costs Due to Willful Spoliation 2010 U.S. Dist. LEXIS 53145 (D.Conn. 2010) On plaintiff’s motion to compel, the District Court for the District of Connecticut ordered the defendant employees to submit their personal computers to a neutral computer expert for mirror imaging and to pay 80% of the[…Read More]
Bankruptcy Court Affirms Bad Faith Spoliation of Electronic Evidence 402 B.R. 825, 2009 U.S. Dist. LEXIS 19523 (N.D. Ill. 2009) On an appeal from the bankruptcy court, the Northern District affirmed an order of sanctions for bad faith spoliation of electronic evidence. During a bankruptcy proceeding, the debtor’s trustee filed a complaint to recover two[…Read More]
