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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. DEFENDANTS’ CROSS-MOTION FOR SANCTIONS: PLAINTIFF’S CELL PHONE In Cooper III , a defense motion for dismissal was denied; however, the U.S. Efforts to subpoena or depose Mr. Roberts were “thwarted to date by his evasiveness.”

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Making News: Talking With the Media

WA Bar News

When lawyers and public media cross paths, many issues can arise. Third, we will examine whether communications with media consultants assisting with litigation are privileged or otherwise protected. The consultant was later subpoenaed and argued that its file was protected by privilege or work product. Washington RPC 3.6

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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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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

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

Discovery Advocate

The CLOUD Act has two major routes of application that impact cross-border data sharing : First, the CLOUD Act empowers U.S. civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. LEAs to compel U.S.

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

Discovery Advocate

The CLOUD Act has two major routes of application that impact cross-border data sharing : First, the CLOUD Act empowers U.S. civil and criminal law to define a party’s requirement to produce evidence pursuant to a subpoena, document request, regulatory inquiry or similar. LEAs to compel U.S.