E-DiscoveryLA analyzes e-discovery decisions and trends in the Los Angeles area federal and state courts. It is authored by Kevin McBride, an attorney in Santa Monica who has practiced actively in electronic discovery since 2003.
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On April 25, 2008, the California Judicial Council unanimously approved the proposed electronic discovery rules governing state court proceedings. A press release from the Judicial Council can be found here. The proposed changes will now be presented to the California...
In US v. Comprehensive Drug Testing, Inc. et al, the Ninth Circuit Court of Appeals addressed a Fourth Amendment issue arising from an IRS seizure of "intermingled computer files" in executing a subpoena related to the steroids investigation of the Bay Area Lab Cooperative...
In Rico v. Mitsubishi Motors Corp., (2007) 42 Cal.4th 807, the California Supreme Court recognized an affirmative duty of counsel who receive inadvertent productions that are obviously identifiable as confidential or privileged:When a lawyer who receives materials that obviously appear to be...
How do you confidently identify, preserve and collect documents from your client's computer network--on a budget? Microsoft has an answer--use Windows SharePoint Services and Search Server Express, which can be downloaded as free add-ons to Windows Server 2003 / 2008. ...
Magistrate Judge Frederick F. Mumm (Central District of California) recently issued a case management order in In re: Katz Patent Litigation covering a number of common e-discovery issues: document preservation document production formats meet and confer obligations ...
In Hill v. Eddie Bauer, Magistrate Judge Rosalyn M. Chapman (Spring Street Courthouse) required production of alleged "confidential and proprietary" information without a protective order where defendant failed to provide a proper showing that the information was, in fact,...
Judge Rudi M. Brewster (Calif. Southern District Court) has remanded part of the sanctions order against Qualcomm's outside counsel in a remand order issued March 5, 2008. Judge Brewster allowed six of Qualcomm's outside attorneys to raise the federal common law "self-defense"...
In Wingnut Films v. Katja Motion Pictures, CACD Magistrate Judge Steven J. Hillman (Roybal Courthouse) entered findings of fact and conclusions of law against New Line Cinema Corp. for improper discovery conduct. Judge Hillman found, among other things, that New Line...
Columbia Pictures v. Bunnell (CACD) is one of the music industry’s noted cases against illegal file sharing of downloaded music. The opinion was authored by Magistrate Judge Jacqueline Chooljian (Spring Street Courthouse). The discovery dispute centered around: (a) whether...
In Housing Rights Center v. Sterling, CACD Judge Dale S. Fischer (Roybal Courthouse) articulated a clear policy requiring document preservation during litigation. Judge Fischer’s opinion largely relies on the landmark case addressing the preservation obligation, Zubulake v. UBS Warburg LLC,...