Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Apr 10, 14 Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Posted in eDiscovery, Litigation

We know that before any potential evidence can be used in legal proceedings, it has to be authenticated, but as we’ve written about before, the rules for authenticating social media evidence are still being developed. With that in mind, we turn our attention to Commonwealth v. Banas, an appeals court decision from...

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Pulling The Trigger: 4 Tips On Big Data Preservation

Apr 10, 14 Pulling The Trigger: 4 Tips On Big Data Preservation

Posted in eDiscovery, Preservation

Big data preservation can be tough.  We earlier wrote about Pillay v. Millard Refrigerated Services, Inc., where automatic deletion of big data lead to sanctions.  The plaintiff, Pillay, alleged that Millard fired an employee named Ramirez because Millard believed Ramirez to be disabled, and then that Pillay was fired for...

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Deleted Facebook Posts And Texts Cause Trouble For Employment Discrimination Plaintiff

In Painter v. Atwood, a Nevada case from last month, the plaintiff alleges that Dr. Atwood, her former boss, “climbed on top of her with his pants undone and held her down.” In a subsequent deposition, defendant “stated that he was only attempting to tickle Plaintiff and that the sexual nature of their...

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“Mere Conclusory Statement” Insufficient To Establish Undue Burden

Apr 08, 14 “Mere Conclusory Statement” Insufficient To Establish Undue Burden

Posted in Burden, eDiscovery

Black & Veatch Corp. v. Aspen Insurance (UK) Ltd. is a late-February decision from the U.S. District Court in Kansas. As background to the instant dispute, the opinion explains the lengths to which the plaintiff (B&V) went to produce discovery for a previous, unrelated matter against “MTI”:  In July 2010,...

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Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Apr 07, 14 Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Posted in eDiscovery, Litigation, Preservation, Spoliation

Riley v. City of Prescott is an interesting case focused on employment law, where the plaintiff alleges that she was terminated from her job as retaliation for her organizing a protest against some government officials. You can read the full facts, plus a detailed analysis as to whether her firing passes Constitutional muster, in...

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Database Discovery – How To Preserve, Collect And Search

Apr 04, 14 Database Discovery – How To Preserve, Collect And Search

Posted in eDiscovery, Preservation

Our friends at the Sedona Conference® have a great publication on database discovery, and we wanted to offer our readers a bite-sized version of database discovery 101.  Databases are oft beasts of a different nature. As the Sedona Conference® points out, databases contain discrete categories of information, divided into individual...

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