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

Judge Posner – The Peacemaker

In 2011, Heraeus Kulzer, a German company, sued Biomet, Inc. in German court for theft of trade secrets. Heraeus claimed that it provided intimate trade secrets and confidential information to Merck, its distributor. However, in 1998 Merck and Biomet entered a joint venture and Heraeus now claims that Biomet has utilized Heraeus’ trade secrets in order to create a new bone cement product. As one of the leading producer’s of bone cement, Heraeus sought to take discovery going back at least as far as the formation of the joint venture between Biomet and Merck.

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Who Ya Gonna Call… Databusters!

Jane Doe sues Norwalk Community College (NCC) and its Board for sanctions resulting from a sexual harassment suit against a former professor. Doe moved to compel the inspection of certain electronic records possessed by NCC. Plaintiff hired DataTrack Resources, LLC, a forensic computer firm, to inspect NCC's computer records. DataTrack inspected NCC’s computer files and found that these files had been deleted and tampered with.

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Psychic Readings Are Not Beyond the Court’s Reach

What Randi Glazer’s psychics didn’t foresee was the compelled production of their predications.  If they could, maybe they would have told her to keep them out of her employee inbox.

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Protecting Confidential Information Vital to Keep Civil Discovery Functioning

Litigation involving minors and schools can always be a difficult situation for all parties, and issues of confidentiality will often arise.  In order to help the judicial system function effectively, blanket protective orders will often be necessary, but judges must also make sure that they are not harming the plaintiff by issuing these orders.

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Incompatible Software Leads to Cost-Shifting in eDiscovery

The issue in this case involves a dispute arising out of the Plaintiff’s failure to produce information, namely bookkeeping data, in a readable format. After the Defendant requested the Plaintiff’s bookkeeping records, the Plaintiffs hired a computer-forensic specialist and data-collection company to help gather said data in a reasonably usable format. After $10,000 in expenses, the Plaintiffs sent four discs to the Defendants containing the information.

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Striking a Balance: Cost Shifting in E-Discovery Cases

Electronic discovery and paper discovery are often treated by courts as the same thing, but there are significant differences between the two that require two sets of rules. Paper discovery involves production of tangible documents and any costs associated with such are normally those of duplication and inspection. Electronic discovery can involve vast requests for information, the scope of which can include enormous amounts of data that would not be feasible to retain in paper form. Additionally, paper discovery does not normally extend to “dumpster diving,” while electronic discovery includes even deleted data in its scope.

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Not Following the Rules Will Cost You

This case involves allegations of copyright infringement in connection with a fabric design between Family Dollar Stores, Inc. (“Family Dollar”) and L.A. Printex Industries, Inc. (“Printex”).  Of immediate concern is the discovery battle going in within the case.

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When eDiscovery Exists in Only One Format, Requesting Parties Must Make Do

Some types of electronically stored information (ESI) can be viewed in formats so ubiquitous that instructions are unnecessary and it can be assumed that everyone has the software necessary to access the information. Other forms of ESI, however, can often be more difficult to access. In the scope of eDiscovery, difficulty of access can be problematic because of cost, the complexity of the technology required, and the amount of computer science knowledge needed to view and access relevant and discoverable information.

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Out with the Old and in with the New: Exhaustive Manual Document Review versus Technology-Assisted Review

Get out of the prehistoric age of document review!  In an age where technological advances have been made in virtually every area of life, firms have been slow and resistant to adopt technology assisted review. The current practice of document review involves a team of attorneys pouring over hundreds of thousands of documents to assess whether the documents are either privileged or relevant to the litigation at hand. 

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The Stored Communications Act Protects Public Posts to Social Media Sites

The case arose from an oral licensing agreement between artist Buckley Crispin, Plaintiff, and Christian Audigier and companies (famously associated with the clothing line Ed Hardy), Defendants. Plaintiff alleged that Defendant violated the terms of an oral license by failing to put Plaintiff’s logo on his artwork and by using his artwork on items that were outside the scope of the license. Defendants served subpoenas duces tecum on four third-party websites including Facebook, Myspace, Black Market Art Company, and Media Temple seeking Plaintiff’s communications, sales information and basic subscriber information. The magistrate judge, below, denied Plaintiff’s motion to quash the subpoenas.

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