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“Order on Proposed ESI Order” – Is There a Better Mousetrap?

E-Discovery LLC

The court also wrote: “Quince’s September 5, 2024 letter violates the Court’s procedures for resolving discovery disputes, which requires the filing of joint discovery letters. The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” May 9, 2023).

Discovery 130
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The Federal “Official Information” Privilege

E-Discovery LLC

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.

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Geofence Search Warrant Held Valid

E-Discovery LLC

The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.

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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.

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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully. Hughey deleted the account off the HHI computers.

Evidence 130
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Do You Really Need to Ask for Metadata?

Joshua Gilliland

The Court held it would be unduly burdensome for the Producing Party to produce the ESI with metadata after originally producing the discovery as paper. AutomationDirect.com, Inc., McSparran, at *11.

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LegalWeek 2024 Special Part Two: Mollie Nichols and Mark Noel from Redgrave Data

3 Geeks and a Law Blog

And many times that’s in the discovery space. And they want to be able to compare them to understand, you know, to be able to look at apples to apples, and to look at the efficiencies and each one of their discovery vendors. But it can be in Legal Operations and other areas as well.