e-Lawyering Aviles v. S&P Global, Inc. (S.D.N.Y. 2021) May 24, 2021 by Robertson Noreus Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confid... Read more » CASE SUMMARIES Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Privilege or Work Product Protections Proportionality Relevance Server Shareholder Suit
e-Lawyering Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020) November 12, 2020 by Robertson Noreus Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘re... Read more » CASE SUMMARIES Emotional Distress Damages Facebook Instagram Motion to Compel Relevance Snapchat Social Media State Rule(s) of Civil Procedure and/or Evidence Rule: CPLR 3101(a)
e-Lawyering Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020) November 12, 2020 by Robertson Noreus Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘re... Read more » CASE SUMMARIES Emotional Distress Damages Facebook Instagram Motion to Compel Relevance Snapchat Social Media State Rule(s) of Civil Procedure and/or Evidence Rule: CPLR 3101(a)
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