Hard Drive Productions, Inc. v. Doe, 2012 WL 90412 (E.D. Cal. July 11, 2012) In a mass copyright infringement suit, plaintiff served a subpoena on an internet service provider and got the identifying information for the account holder suspected of trading a copy of a movie via BitTorrent. The account holder was uncooperative with plaintiff’s [...]
Posts Tagged ‘ediscovery’
No deposition of account holder allowed until he is named as defendant in BitTorrent copyright case
January 17th, 2012
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Computer Fraud and Abuse Act case against hard drive destroying director goes forward
July 27th, 2011
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Deloitte & Touche LLP v. Carlson, 2011 WL 2923865 (N.D. Ill. July 18, 2011) Defendant had risen to the level of Director of a large consulting and professional services firm. (There is some irony here – this case involves the destruction of electronic data, and defendant had been in charge of the firm’s security and [...]
Court shifts half of cost of forensic search to producing party in ediscovery case
June 6th, 2011
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[This is a post by Jonathan Rogers. Jon is a licensed attorney in California, with a focus on technology and entertainment law. You can reach him by email at jon@jonarogers.com or follow him on Twitter at @jonarogers.] IWOI, LLC v. Monaco Coach Corporation, N.D. Ill. May 24, 2011 Plaintiff sued claiming breach of warranty and violations of certain [...]
Texas supreme court says identities of anonymous bloggers should not be disclosed
April 16th, 2011
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In re Does, — S.W.3d —, 2011 WL 1447544 (Texas, April 15, 2011) The issue of anonymity is a hot topic in internet law. The question of whether an internet user known only by an IP address or username or website name should be identified arises fairly often in the early stages of internet defamation [...]
Court says law firm did not eavesdrop on employee phone calls
April 7th, 2011
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Bowden v. Kirkland & Ellis, 2011 WL 1211555 (7th Cir. April 1, 2011) Two former employees of a law firm sued the firm for violation of the Electronic Communications Privacy Act, 18 USC 2510 et seq. and for violation of the Illinois Eavesdropping Act, 720 ILCS 5/14-2. The district court granted summary judgment in favor [...]
Stored Communications Act protects Yahoo email account from subpoena
October 20th, 2010
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Chasten v. Franklin, 2010 WL 4065606 (N.D.Cal. October 14, 2010) Plaintiff sued some corrections officers at the prison where her inmate son was killed. She learned in a deposition that one of the defendants had a Yahoo email account. So she sent a subpoena to Yahoo seeking all the email messages sent from that account [...]
Bipolar disorder no excuse for email hacker
October 12th, 2010
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Leor Exploration v. Aguiar, 2010 WL 3782195 (S.D. Fla. September 28, 2010) Plaintiffs claimed that defendant hacked into one of the plaintiffs’ email accounts during the litigation to get an advantage in the case. The court entered severe sanctions against defendant for doing this — it struck his answer. In litigation, that is like declaring [...]
Emails sent through Yahoo account using work computer protected under attorney-client privilege
March 31st, 2010
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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 [...]
TorrentSpy dinged for ediscovery violations
December 19th, 2007
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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).
