e-Lawyering Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018) December 17, 2021 by KLG PDF Import Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase Nature of Case: copyright dispute Electronic Data Involved: phone call recording Keywords: protective order, confidential phon... Read more » CASE SUMMARIES FRCP 26(c) Protective Orders Motion for Protective Order Motion to Compel Privilege or Work Product Protections Text Message
e-Lawyering In re Schlich, 893 F.3d 40 (1st Cir. 2018). June 20, 2021 by KLG PDF Import Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request. Nature of Case: European Patent Case Electronic Data Involved: Documents in US for use in Euro... Read more » CASE SUMMARIES Cross-Border Data Transfer Motion to Compel
e-Lawyering Rich v. Butowsky (D.D.C., 2020) October 6, 2020 by KLG PDF Import Key Insight: A rule 45 motion to quash subpoenas on electronic subpoenas for electronic identities of anonymous users uses the 2themart.com test and are very fact specific Nature of Case: Defamation Electronic Data Involved: User account information Ke... Read more » CASE SUMMARIES Other Federal Rule(s) of Civil Procedure and/or Evidence
e-Lawyering Carrington v Graden, (S.D.N.Y. 2020) September 28, 2020 by KLG PDF Import Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant. Nature of Case: antitrust litigation Electronic Data Involved: Emails Keywords: sanctions,m fabricated evidence View Case Opinion Read more » CASE SUMMARIES ESI Protocol Forensic Imaging Format Of Production FRCP 37(e) Preservation (effective Dec. 1, 2015) Lack of Cooperation / Inaccurate Representations Motion for Sanctions Spoliation
e-Lawyering Livingston v. City of Chicago (Northern District of Illinois, 2020) September 3, 2020 by KLG PDF Import Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology Nature of Case: Hiring discrimination Electronic Data Involved: Emails Keywords: Chicago, fire... Read more » CASE SUMMARIES Computer Assisted Review Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence
e-Lawyering Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020) August 14, 2020 by KLG PDF Import Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific Nature of Case: Copyright infringement (DMCA) Electronic Data Involved: Electronic documents generally Keywords: Copyright, DMCA, phot... Read more » CASE SUMMARIES Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) Motion to Compel Proportionality