In Naperville, Illinois, a couple riding a motorcycle was struck by a Honda Accord driven by Revanth Vema. Michael Dunker and his girlfriend Corrine Smith have retained an attorney to represent them and are seeking more than $50,000 in damages for injuries sustained in the crash. Apparently, Vema posted pictures of his Honda Accord on his Facebook page with one caption that read…”ready to drive at 90 mph.”

In late September 2011, at the Eastern District of Texas Judicial Conference, Chief Judge Randall R. Rader introduced a Model Order to be used in patent litigation.

Is it OK to deliver the contents of the database as a CSV file? Go back to the first paragraph: “if necessary, after translation by the responding party into a reasonably usable form”. So, the answer is YES and maybe NO. Yes, it is fine if…

Know what you are collecting, how it is being collected, and how it will be reviewed.

Digital Forensics experts have seen it all when dealing with IT departments taking ESI collections into their own hands. Many IT staff members can handle basic collections, but there are a few things that even the experts bear in mind when preserving ESI from Social Networking Sites.

200 desktops, 24 servers, 3 countries, and 15 days to collect all the data…Sound like an ESI nightmare? How about an expensive ESI nightmare?

Is information on social networking sites (SNS) fair game in the world of litigation and eDiscovery? This 3-part series will raise and answer some key questions surrounding this controversial topic. Including a deeper delve into what the courts are saying about the discoverability of SNS and the methods of capturing the information. Stay tuned!

Different scenarios call for different types of capture methodologies. Regardless, it is important to know what you are asking for because it can greatly affect the cost and outcome of a project.

We hear these all the time.
“I have this demand letter. What’s the harm to wait and see if I can make it go away.”
“They’ve threatened to sue, but they probably they won’t.”…
All are practical day-to-day decisions, but also dangerous and can come back to haunt. As the threshold basis for preserving ESI, a party has a duty to preserve evidence when it knows, or should have known, that litigation was imminent. More cases in more jurisdictions are making…

By Chuck Kellner, Senior Vice President, eDiscovery Expert, D4, LLC Many of us in litigation and litigation support have spent years if not careers managing the costs and risks of discovery. The volume of ESI has grown at a staggering rate and so has the pace of litigation. The industry has responded in kind. Some [...]
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