Court Rejects Defendants Motion Seeking Limitless Access to Plaintiff’s Facebook Account: eDiscovery Case Law

By : Doug Austin

In the class action In re Milo’s Kitchen Dog Treats Consolidated Cases, Pennsylvania Magistrate Judge Maureen P. Kelly denied the defendants’ Motion to Compel Unredacted Facebook Data File and Production of Username and Password, disagreeing that the discovery of one highly relevant Facebook entry justified the defendants to be “somehow entitled to limitless access to her Facebook account”. Judge Kelly did order the plaintiff to produce previously produced redacted Facebook pages to the Court unredacted so that an in camera inspection could be conducted to confirm that the redacted information was truly privileged.

Samsung and Quinn Emanuel Ordered to Pay Over $2 Million for “Patentgate” Disclosure – eDiscovery Case Law

By : Doug Austin

Remember the “patentgate” disclosure last year (by Samsung and their outside counsel firm of Quinn Emanuel Urquhart & Sullivan LLP) of confidential agreements that Apple had with Nokia? Did you think they were going to avoid having to pay for that disclosure? The answer is no.

Apple Wins Another $119.6 Million from Samsung, But It’s Only 6% of What They Requested – eDiscovery Case Law

By : Doug Austin

Those of you who have been waiting for significant news to report from the Apple v. Samsung litigation, your wait is over! As reported last week in The Recorder, a California Federal jury ordered Samsung on Friday to pay Apple $119.6 million for infringing three of Apple’s iPhone patents. However, the award was a fraction of the nearly $2.2 billion Apple was requesting.

Apple Can’t Mention Inadvertent Disclosure in Samsung Case – eDiscovery Case Law

By : Doug Austin

Back in January, Quinn Emanuel Urquhart & Sullivan LLP was sanctioned for their inadvertent disclosure in the Apple vs Samsung litigation (commonly referred to as “patentgate”). California Magistrate Judge Paul S. Grewal handed down an order on motions for sanctions against Quinn Emanuel (in essence) requiring the firm to “reimburse Apple, Nokia, and their counsel for any and all costs and fees incurred in litigating this motion and the discovery associated with it”. Many felt that Samsung and Quinn Emanuel got off lightly. Now, Apple can’t even mention the inadvertent disclosure in the upcoming Samsung trial.

Quinn Emanuel Sanctioned for Inadvertent Disclosure, Samsung Escapes Sanction – eDiscovery Case Law

By : Doug Austin

California Magistrate Judge Paul S. Grewal has now handed down an order on motions for sanctions against Samsung and the Quinn Emanuel law firm in the never-ending Apple v. Samsung litigation for the inadvertent disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

2013 eDiscovery Year in Review: eDiscovery Case Law, Part 3

By : Doug Austin

As we noted on Thursday and Friday, eDiscoveryDaily published 78 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Friday, we looked back at cases related to production format disputes, search disputes and technology assisted review. Today, let’s take a look back at cases related to proportionality and the first half of the cases related to sanctions (yes, there were that many).

Samsung Again Owes Apple Almost $1 Billion, Sanction Deadline Nears – eDiscovery Case Law

By : Doug Austin

The news continues to get worse for Samsung Electronics Co. in its colossal legal battle with Apple Inc. A California federal jury ruled on November 21 that Samsung owes Apple $290.5 million for selling mobile devices that infringed five iPhone and iPad patents, bringing the total awarded for infringing on Apple products to almost $930 million.

The Ubiquitous Apple Samsung Case and “Patentgate” – eDiscovery Case Law

By : Doug Austin

When something gets the “gate” suffix added to it, that’s not a good thing. It’s hard to believe that a case can get more intense than when a billion dollar verdict is awarded (later reduced to a measly $599 million), but the Apple v. Samsung case seems to only be getting more intense, due to the disclosure of confidential agreements that Apple had with Nokia, Ericsson, Sharp and Philips – now widely referred to as “patentgate”.

Avoiding the Redaction “Epic Fail” – eDiscovery Best Practices

By : Doug Austin

On the surface, it may seem easy enough to redact a document during eDiscovery review to obscure confidential or privileged information. All you need to do is draw a black box over the affected text, right? Not so fast, my friend. There’s a lot more to consider in order to ensure that you don’t inadvertently produce information that was intended to be redacted. Here are a few redaction “epic fails” and how to avoid them.

eDiscovery Case Law: More Sanctions for Fry’s Electronics

By : Doug Austin

In E.E.O.C. v Fry’s Electronics, Inc., Washington District Judge Robert S. Lasnik ordered several sanctions against the defendant in this sexual harassment case (including ordering the defendant to pay $100,000 in monetary sanctions and ordering that certain evidence be considered presumptively admissible at trial), but stopped short of entering a default judgment against the defendant. This ruling came after having previously ordered sanctions against the defendant less than two months earlier.

eDiscovery Cautionary Tales: Inadvertent Disclosure Leaves Naked Short Selling Practices Exposed

By : Doug Austin

While traveling back from Los Angeles for LegalTech West Coast 2012 (LTWC) this week, I saw an interesting story on the Above the Law blog (with references to The Economist, DeepCapture and Rolling Stone) regarding a litigation blunder committed by a major law firm on behalf of a major client, inadvertently disclosing an unredacted version of a sensitive document.

eDiscovery Trends: Christine Musil of Informative Graphics Corporation (IGC)

By : Doug Austin

Today’s thought leader is Christine Musil. Christine has a diverse career in engineering and marketing spanning 18 years. Christine has been with IGC since March 1996, when she started as a technical writer and a quality assurance engineer. After moving to marketing in 2001, she has applied her in-depth knowledge of IGC's products and benefits to marketing initiatives, including branding, overall messaging, and public relations. She has also been a contributing author to a number of publications on archiving formats, redaction, and viewing technology in the enterprise.

eDiscovery Best Practices: When Preparing Production Sets, Quality is Job 1

By : Doug Austin

Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate. There are a number of checks that can and should be performed on the production set, prior to producing it to the requesting party. Here are some examples.

eDiscovery Best Practices: Production is the “Ringo” of the eDiscovery Phases

By : Doug Austin

Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for production (i.e., Processing, Review and Analysis). All of those phases lead to one inevitable stage in eDiscovery: Production. Yet, few people talk about the actual production step. If Preservation, Collection and Review are the “John”, “Paul” and “George” of the eDiscovery process, Production is “Ringo”.

eDiscovery Best Practices: Avoiding eDiscovery Nightmares: 10 Ways CEOs Can Sleep Easier

By : Doug Austin

I found this article in the CIO Central blog on Forbes.com from Robert D. Brownstone – it’s a good summary of issues for organizations to consider so that they can avoid major eDiscovery nightmares. The author counts down his top ten list David Letterman style (clever!) to provide a nice easy to follow summary of the issues. Here’s a summary recap, with my ‘two cents’ on each item.

eDiscoveryJournal Webinar: More on Native Format Production and Redaction

By : Doug Austin

As noted yesterday, eDiscoveryJournal conducted a webinar last Friday with some notable eDiscovery industry thought leaders regarding issues associated with native format production and redaction, including George Socha, Craig Ball and Tom O’Connor, and moderated by Greg Buckles, co-founder of eDiscoveryJournal, who has over 20 years experience in discovery and consulting. Here are more highlights from the webinar.

eDiscoveryJournal Webinar: Debate on Native Format Production and Redaction

By : Doug Austin

eDiscoveryJournal conducted a webinar last Friday with some notable eDiscovery industry thought leaders regarding issues associated with native format production and redaction, including George Socha, Craig Ball and Tom O’Connor, and moderated by Greg Buckles, co-founder of eDiscoveryJournal, who has over 20 years experience in discovery and consulting.

Thought Leader Q&A: Christine Musil of Informative Graphics Corporation

By : Doug Austin

Christine Musil is Director of Marketing for Informative Graphics Corporation, a viewing, annotation and content management software company based in Arizona. Informative Graphics makes several products including Redact-It, an electronic redaction solution used by law firms, corporate legal departments, government agencies and a variety of other professional service companies.

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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.