e-Lawyering First Pittsburgh “Under the Wire” CLE Seminar Features Presentation on E-Discovery “Hot Topics” November 18, 2022 by Daniel Miller The Pittsburgh office of K&L Gates recently hosted its first “Under the Wire” CLE seminar on November 15th, 2022. The CLE seminar was the first of a new series of in-person CLE events hosted at the K&L Gates Pittsburgh office. At th... Read more » Adequacy of Search/Identification or Collection Data Preservation Deleted and Ephemeral Data Duty to Preserve ESI Collection Failure to Preserve FRCP 37(e) Preservation (effective Dec. 1, 2015) Slack Speaking Engagements & Publications Text Message Text Messaging and Other Real-Time Electronic Communications
e-Lawyering iMessages Are No Longer Immutable: The Ability to Edit and Unsend iMessages Provided by Apple iOS 16 Spurs New E-Discovery Questions September 23, 2022 by Daniel Miller On September 16th, Apple released iOS 16, which now allows users to edit or unsend iMessages. A sender can edit an iMessage up to five times within fifteen minutes after the message is sent. A sender can also unsend an iMessage within two minutes after... Read more » Data Preservation Duty to Preserve Failure to Preserve FRCP 37(e) Preservation (effective Dec. 1, 2015) Spoliation Trends & Emerging Issues
e-Lawyering America West Bank Members v. State of Utah (D. Utah 2021) November 10, 2021 by Robertson Noreus Key Insight: Plaintiff filed a motion to compel after learning through the discovery process that defendants purged or lost emails and documents. Plaintiff sought “discovery on discovery” to discern the identities of individuals whose emails would have... Read more » CASE SUMMARIES Data Preservation Discovery on Discovery FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 37(e) Preservation (effective Dec. 1, 2015) Lost Documents Motion to Compel Policy on Routine Records Management and Retention Proportionality Relevance Spoliation
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 Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020) August 13, 2020 by KLG PDF Import Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction. Nature of Case: Breach of Contract Electronic Da... Read more » CASE SUMMARIES Data Preservation FRCP 37(e) Preservation (effective Dec. 1, 2015) Motion for Sanctions Spoliation
e-Lawyering Elliott-Thomas v. Smith, 154 Ohio St.3d 11, 2018-Ohio-1783 (2018). December 1, 2018 by eDiscovery Import Key Insight: Interference or concealment are not actionable under the tort Nature of Case: Wrongful termination (sex discrimination), intentional interference/destruction of evidence tort Read more » CASE SUMMARIES FRCP 37(e) Preservation (effective Dec. 1, 2015) Spoliation