Maxon v. Ottawa Pub. Co., — N.E.2d —, 2010 WL 2245065 (Ill.App. 3 Dist. June 1, 2010) The rules of civil procedure in Illinois permit an aggrieved party to file a petition with the court asking for an order requiring unknown potential defendants to be identified. This is called a Rule 224 petition. A couple [...]
Archive for the ‘Electronic Discovery’ Category
Emails sent through Yahoo account using work computer protected under attorney-client privilege
March 31st, 2010
3 Comments
The New Jersey supreme court has held that emails an employee sent to her lawyer using her company-issued computer and a personal Yahoo account are protected by the attorney-client privilege. Stengart v. Loving Care Agency, Inc., — A.2d —, 2010 WL 1189458 (N.J. March 30, 2010) The New Jersey courts have a reputation of being [...]
My law firm’s newest blog: Practical Ediscovery
February 19th, 2009
1 Comment
Please take a moment to visit Practical Ediscovery, a new blog written by a team of attorneys at my law firm, Hinshaw & Culbertson LLP. I’ve already contributed one post, and plan on generating as much content for the blog as I reasonably can. The focus of the blog is, as its name suggests, practical [...]
Expedited electronic discovery includes subpoena to ISP and imaging of defendants’ hard drives
October 24th, 2008
Comments Off
Allcare Dental Management, LLC v. Zrinyi, No. 08-407, 2008 WL 4649131 (D. Idaho October 20, 2008) Plaintiffs filed a defamation lawsuit against some known defendants as well as some anonymous John Doe defendants in federal court over statements posted to Complaintsboard.com. The plaintiffs did not know the names or contact information of the Doe defendants, [...]
TorrentSpy dinged for ediscovery violations
December 19th, 2007
1 Comment
CNet News has a report on the decision here. Download the court’s order here. Columbia Pictures v. Bunnell, No. 06-1093, (C.D. Cal., December 13, 2007).
No spoliation sanctions for deletion of email where CD copies had been made
November 20th, 2007
Comments Off
Bakhtiari v. Lutz, — F.3d —-, 2007 WL 3377215 (8th Cir. November 15, 2007) Not too many e-discovery (or any type of discovery) disputes get to the federal courts of appeal. But we have a recent decision from the Eighth Circuit that addressed the topic of “spoliation” when emails had been deleted. A party in [...]
Parties must use neutral forensics examiner in file-sharing case
October 27th, 2006
Comments Off
Case highlights important privacy interests in electronic discovery dispute. From Ray Beckerman, we learn of the U.S. District Court for the Eastern District of Texas’s decision on a motion to compel discovery filed by the recording industry against an accused file-sharer. While the defendant will have to submit her hard drive for forensic examination to [...]
Evidence-destroying defendant severely sanctioned in P2P file-sharing case
August 25th, 2006
Comments Off
In the case of Arista Records v. Tschirhart, the U.S. District Court for the Western District of Texas has shown little mercy on a defendant accused by record companies of illegal file-sharing. Knowing that a court order was in place requiring her to turn over her hard drive to be copied, the defendant allegedly used [...]
Florida appellate court issues ruling on electronic discovery
September 28th, 2005
Comments Off
Administrative law judge’s discovery order permitting “access to literally everything” on petitioner’s computer did not adequately protect against disclosure of confidential and privileged information. After being suspended from his job as a school teacher, petitioner Menke was placed under investigation for alleged misconduct. In a formal proceeding against Menke before Florida’s Division of Administrative Hearings, [...]
