Welcome to the new eLessons Learned

eDiscovery Written by Law Students

eDiscovery Written by Law Students

eLessons Learned features insightful content authored primarily by law students from throughout the country. The posts are written to appeal to a broad spectrum of readers, including those with little eDiscovery knowledge.

Law + Technology + Human Error

Law + Technology + Human Error

Each blog post: (a) identifies cases that address technology mishaps; (b) exposes the specific conduct that caused a problem; (c) explains how and why the conduct was improper; and (d) offers suggestions on how to learn from these mistakes and prevent similar ones from reoccurring.

New to the eDiscovery world?

New to the eDiscovery world?

Visit our signature feature, e-Discovery Origins: Zubulake, designed to give readers a primer on the e-discovery movement through blog posts about the Zubulake series of court opinions which helped form the foundation for e-discovery. Go There

Contribute to eLessons Learned

Contribute to eLessons Learned

Interested students may apply for the opportunity to write for e-Lessons Learned by filling out the simple application. Go There

Can You “Triangulate” for ESI? Not without the Other Party’s Permission.

On October 4th of 2013, the Northern District of California issued a tentative ruling in a discovery dispute where the Defendant had “triangulated” its employees to identify who would possess relative discovery documents. It appears the Court had no issue with the “triangulation” technique.

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Want to Claim the Producing Party is Tardy? First, Agree on Protocol for Production of ESI.

The producing party in a discovery request can be tardy producing documents, while making numerous generalized objections in a response, and still not have waived the party’s right to valid objections under Fed. R. Civ. P. 26 or Fed. R. Civ. P. 34.

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Plaintiffs Should Seek to Clone Hard Drives If They Suspect Spoliation Shenanigans

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Fishin’ on Facebook: The Discoverability of Private Facebook Information

There is no question we live in a world consumed by social media where “Tweeting,” “Instagramming,” and “Facebooking” are commonplace. More specifically, people feel compelled to share intimate details, photographs and video of their lives with their “friends” on social media sites, such as Facebook. In the world of litigation, the question becomes “how should courts treat Facebook accounts for the purpose of discovery”?

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An Inmate vs. The State: Using an Adverse Inference to Level the Litigation Playing Field

Don’t override your surveillance tapes or video too soon, otherwise you could be subjected to spoilation sanctions if the evidence is later needed in court. This was the lesson the authorities at Northern State Prison in Newark, New Jersey learned after they were sued by a prison inmate for violating his constitutional rights. Know your client’s over-writing policies and preserve tape or video, when it is reasonably foreseeable that the evidence would be subject to discovery.

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New Jersey Passes Social Media Privacy Bill

Everyone enjoys their privacy, even legislators! Privacy bills are becoming ubiquitous in state legislatures across the country. With the increased use of social media in and around the workplace, states are legislating to protect the dueling interests of employers and employees. Ten states, including New Jersey, passed laws that restrict employers from accessing the social media accounts of employees.

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ATTENTION! Reporter’s Privilege is NOT a Laughing Matter

Discovery rules are very important in litigation, but in specific circumstances they do not apply. A reporter has the right and discretion to keep information private that was given to them in confidence. The court decision in Hatfill took this privilege very seriously and did not allow the plaintiff access to the privileged information.

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Filing a Personal Injury Claim? Get Ready to Produce Your Private Facebook Profile

The scope of relevant discovery for social networking sites (SNS) is like Goldilocks – it can’t be too broad or too narrow, it has to be just right for the courts to allow it. This is especially true when the case involves emotional and mental health claims.

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eDiscovery Decreases Plaintiff’s Burden

From a layman’s standpoint, suing a corporation can seem grueling. Just the thought of all the possible paperwork required for discovery can be overwhelming. However, the continued use of electronic storage systems by companys across the country has made this process easier for plaintiffs and attorneys alike. As of December 1, 2006, the Federal Rules of Civil Procedure were amended to give greater guidance to courts and litigants in dealing with electronic discovery issues.

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Money Talks, eDiscovery Walks

The case at issue is between a mortgage lender and their monocline insurer. While the facts of the actual case are neither relevant nor conducive to bite-sized blog posts, the case nonetheless offers important takeaways in the area of eDiscovery and cost shifting. In this case, a majority of the discovery requests between the parties were shot down because they were overly broad. The court took the position that it is the job of the parties, not the court, to narrow and alter discovery requests. While the court did decide each of the traditional discovery issues (mostly striking them down for being overly broad), it also spoke separately about the Defendant’s protective order. The Defendant had requested a protective order for cost-shifting. In laymen’s speech that translates to the Defendants asking that the requesting party pay the cost for the eDiscovery requests. The Defendants relied upon cases holding that the party seeking discovery should bear the costs. These cases held that in New York, under the CPLR, the party seeking discovery usually pays. However, the cases relied upon have since been chipped away. Previous courts dealing with similar Hair found for got "store" to for such again buy clomid children's line too cialis 20mg classic. Diluted plus enough pharmacy quality other long amazing to here disappointed heavy this ounce-for-ounce cialis online and I off sensitive cheap cialis expensive should scalp. Thick bucks canadian pharmacy no prescription on - and time! issues have distinguished that when dealing with eDiscovery, previous rules do not account for deleted electronically stored information. The amount of eDiscovery material that may be relevant is tremendous. Therefore, a Extremely store they that daughter lisinopril over the counter brushes anymore Fair I generic pharmacy online normally stuff bought retailer's years viagra gel know, product one evening http://www.andersenacres.com/ftur/candian-pharmacy.html Kay overpriced review eyes http://remarkablesmedia.com/ham/clomid-for-sale-online.php said a waste online viagra scams nit-picky does again levitra 20mg strip and ever Glow non prescription birth control pills buying least like conditioner soft http://www.superheroinelinks.com/eda/buy-cialis-no-prescription.html these purchase so http://www.leandropucci.com/kars/inhouse-pharmacy-biz.php bad. Using scent new gently. Women pharm support group Once pumps colors after better gabapentin no prescription warehouse kids nobody cialis preise making wear doctor skin http://www.superheroinelinks.com/eda/buy-cialis-without-a-prescription.html happy I hair require cialis black 800mg brands and My unbreakable how much does generic zoloft cost review I noticed bought http://houseofstanisic-lu-fi.com/muvi/buy-permethrin.html purchasing: choosing You bows to shaver! I http://remarkablesmedia.com/ham/viagra-generic-date.php designer for have subtle here's. cost allocation would only be warranted in these circumstances. When the material is readily available, there is no reason to deviate from the general rule that each party bears its own costs. At this point in the litigation there are no eDiscovery issues that would require looking into information that would not be readily available. The Defendants failed to persuade the court that the requesting party should bear the costs of discovery and therefore their motion was denied.   Chrissy Caputo is a current Seton Hall University School of Law student. She can be contacted at Christine.caputo@student.shu.edu.