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What is Metadata?
As part of Cullen and Dykman’s new E-Discovery blog, we are happy to introduce our “What is…?” series. The series is intended to demystify some of the terminology, practices, and technology used to...
View ArticleCourt Rules Privilege Waived due to Party’s Laissez-Faire Approach to Discovery
Thorncreek Apartments III, LLC v. Vill. of Park Forest, Nos. 8 C 1225, 08-C-0869, 08-C-4303, 2011 WL 3489828 (N.D. Ill. Aug. 9, 2011) In a recent Northern District of Illinois decision, District Judge...
View ArticleHow Many Potential Forms Of ESI Can You Spot In The Penn State Scandal?
For those of you thinking that ESI is just e-mail or that it is not involved in every case – think again! Everyone has been reading about the Penn State Scandal, but how many of us are thinking about...
View ArticleNew Jersey Court Excuses Plaintiff from the Burden of Reviewing ESI from...
I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). Earlier this month, the United States District Court for the District of New Jersey ruled on whether the burden...
View ArticleNYSBA Releases Guidelines for the Best Practices In E-Discovery In New York...
Back in July of last year, the New York State Bar Association drafted a 47 page document detailing the best practices in e-discovery in New York State and federal courts. The guidelines were approved...
View ArticleCourt Orders Defendant to Decrypt Her Laptop’s Hard Drive
U.S. v. Fricosu, 10-CR-00509 (D. Colo. January 23, 2012). On January 23, 2012, a District Court for the District of Colorado ruled that a defendant in a mortgage fraud case had to provide the...
View ArticleFailure to Act Promptly in Rectifying an Inadvertent Disclosure May Waive...
Jacob v. Duane Reade, Inc., 2012 U.S. Dist. Lexis, 11 Civ. 0160 (February 28, 2012) The Plaintiffs in this action are Assistant Store Managers who are pursuing a collective action under the Fair Labor...
View ArticleWhat is a “Clawback” Agreement?
We recently talked about how judges may deny overly broad discovery requests and the effect of performing ineffective searches on data. Well, what happens if a party creates the perfect search, reviews...
View ArticleFourth Circuit Rules Emails Sent from Husband’s Work Address to His Wife Are...
United States v. Hamilton, 701 F.3d 404, 2012 U.S. App. LEXIS 25482 (4th Cir. Va. 2012) On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by...
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