Remove Cross-Examination Remove Litigation Remove Subpoenas
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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Initially, Simic did not produce records to Mintas that were provided pursuant to a separate non-party subpoena.

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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court ordered a forensic examination of the work phone by James Vaughn of iDiscovery Solutions. “Mr. Second , it wrote that the duty to preserve “is triggered when litigation is reasonably anticipated.” Rather, this duty begins somewhere between knowledge of the dispute and direct, specific threats of litigation.”

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Making News: Talking With the Media

WA Bar News

When lawyers and public media cross paths, many issues can arise. 2 Second, we will look at whether the litigation privilege, which generally shields lawyers from defamation claims for statements made in the courtroom, extends to statements to the media. In this column, we will look at three. Washington RPC 3.6 First, RPC 3.6(a)

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Cross-Motions to Compel in Employment Lawsuit

E-Discovery LLC

1] The Court resolved cross-motions to compel. The defense sought a broad forensic examination of plaintiffs ESI, and plaintiffs question was who pays? The Cooper Court also ordered discovery of a cell phone providers text message log as a useful cross-check on the completeness of discovery. Emphasis added]. Sanders, 437 U.S.

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The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Discovery Advocate

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

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The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Discovery Advocate

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.