Blog entries for admin

Court Rules that ESI Converted to a PDF Format and Produced in Paper Does not Comply with FRCP 34.

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In White v. Graceland College Center for Prof. Dev. & Lifelong Learning, Inc., 2008 WL 3271924 (D. Kan. Aug. 7, 2008), U.S. Magistrate Judge David Waxse held that the defendants PDF/paper production was inadequate because defendants failed to produce emails in either the form in which they were ordinarily maintained, or in a “reasonably usable form” as required by Federal Rule of Civil Procedure 34(b)(2)(E)(ii). Plaintiff had sought re-product [...]

Repeated Failure to Comply with Discovery Orders Nearly Results in Default Judgment

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In Square D Co. v. Scott Elec. Co., No. 06-00459, 2008 WL 2779067 (W.D. Pa. July 15, 2008), the District Court for the Western District of Pennsylvania addressed concerns about the execution of a forensic inspection of Defendant Globe Electric Supply Co.’s (“Globe”) computer system, which the court had repeatedly ordered. The court concluded that Globe must comply with the court’s previous orders by allowing the forensic examination to be conducted, emphasizing that [...]

YouTube ordered to produce Viewing Habits of its Users.

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Viacom Intern. Inc. v. YouTube Inc., Nos. 07 Civ. 2103(LLS), 07 Civ. 3582(LLS), 2008 WL 2627388 (S.D.N.Y. July 2, 2008), is a lawsuit brought by Plaintiff Viacom for alleged copyright infringement by Defendant YouTube. In responding to Plaintiff Viacom's motion to compel production of information from a database storing information about the viewing habits of users of Defendant YouTube's website, the district court judge concluded that Viacom should be provided with all data from [...]

Judge Sanctions State of California with Ediscovery Violations

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L.H. v. Schwarzenegger, No. CIV 5-06-2042 LKK GGH, 2008 WL 2073958 (E.D. Cal. 2008), is a class action lawsuit filed by juvenile parolees who allege that the parole revocation process in California violates due process rights under the Fourteenth Amendment of the Constitution. In several motions to compel discovery, the plaintiff juvenile parolees argued that the defendants delayed production of documents to the de [...]

Court Denies Cost Shifting of Forensic Costs

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In the latest of several Pescoff v. Faber decisions (No. 04-526, 2008 WL 269506 (D.D.C. 2008)), Magistrate Judge John Facciola ordered the responding party to pay the cost of a forensic examination to recover electronically stored information. Judge Facciola previously addressed the sufficiency of a search done by the responding party for emails and other electronically stored information in response to discovery r [...]

RCA Joins EDRM

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Ryley Carlock and Applewhite's Document Control Group is the newest member of the Electronic Discovery Reference Model Project. EDRM was created to develop resources and best practices for e-discovery consumers and providers. The group, formed in 2005, created an EDRM working model which outlines the essential processes and key steps involved in e-discovery. EDRM is currently working on a standard platform to help e-discovery consumers and providers reduce the costs associate [...]

Blanket Assertions of Hardship Are Insufficient to Warrant Cost Shifting

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In Mikron Indus., Inc. v. Hurd Windows & Doors, Inc., 2008 WL 1805727 (W.D. Wash. Apr. 21, 2008), the court rejected defendants' claims that searching through their electronically stored information (ESI) would be unduly burdensome and produce cumulative results. Defendant filed a motion for protective order asking the court to shift the costs of defendants' remaining electronic discovery obligation to plaintiff. The court denied the motion finding that defendants failed [...]

Employee's Act of Forwarding Emails Did Not Constitute "Unauthorized Access" Under CFAA

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In Shamrock Foods Co. v. Gast, (D. Ariz., No. CV-08-0219, 2/20/08), the court held that an employee's act of forwarding his company emails to his personal email account before resigning to work for a competitor was not an "unauthorized" use of the employer's computer for purposes of the Computer Fraud and Abuse Act. The court held that since the employee was permitted to access the documents in the first place, his use of the computer was "authorized" [...]

Welcome to Document Control Central!

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This is where the business of law and the practice of law intersect, discussing the latest in retention, review and discovery.

Your Host: Cecil Lynn III.

Cecil is Of Counsel to Ryley Carlock and a nationally-known thought leader in E-Discovery

To contact Cecil, email is preferred: cylnn@rcalaw.com

Cecil Lynn II