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]
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]
In 2014, we may find ourselves teetering on the edge of some major amendments to the discovery provisions of the Federal Rules of Civil Procedure. Just this month, the United States Courts’ Advisory Committee on Civil Rules voted to send proposed amendments to its Standing Committee on Rules and Practice and Procedure. Their recommendation is[…Read More]
On cross-motions to compel ESI production of documents related to a copyright infringement suit, the Northern District examined the application of the amended Federal Rule of Evidence 502 in finding that the Plaintiff’s disclosure was inadvertent and did not cause a waiver of the attorney-client privilege.
Since 90% of the world’s information is stored as computer generated data, electronic discovery has become an imperative part of litigation. Billions of e-mails are being sent each day and more information is primarily (and sometimes only) stored electronically. When litigation occurs, evidence is most likely found hidden between the bits and bytes of electronic[…Read More]
Electronic discovery may be at the crux of a case in proving the culpability of the opposing party but when the requesting party is not careful in their request for electronic evidence, they could face the possibility of losing key information that would have otherwise provided a favorable resolution to their case. When requesting electronic[…Read More]