discoverability

In Defense of Genger, Part I

June 29, 2010 15:37

I rise now to defend the Court of Chancery's decision in TR Investors LLC v. Genger, C.A. 3994-VCS (December 9, 2009) against the allegations made by Leonard Deutchman, General Counsel at LDiscovery LLC, in a two-part post hosted by Law.com.  I promised at the end of April that a defense would...

So Maybe You Should Think About This Ahead Of Time

February 24, 2009 04:19

Good planning makes for less litigation By Tim Cedrone Hagenbuch v. 3B6 Technologies, LLC, 2006 U.S. Dist. LEXIS 10838 (N.D. Ill. 2006) Employee/Employer Implicated: Management eLesson Learned: Reach an agreement with the other party on how documents will be produced.   What happens when a...

Instant Messaging to Instant Jail

February 20, 2009 03:26

By Tanya Basu State v. Voorheis, 844 A.2d 794 (Vt. 2004) Employee Implicated:  A (Perferted) Defendant eLesson Learned: Instant messaging, or IM, may provide realtime convenience and conferencing capabilities, but it creates a written business record that may be subpoenaed and used as...

Thou Shall Pit-Stop Before Requesting Metadata

February 11, 2009 15:00

By Evan Harris Kentucky Speedway, L.L.C. v. National Association of Stock Car Auto Racing, Inc., 2006 U.S. Dist. LEXIS 92028 (E.D. Ky.) Employees implicated: Counsel eLesson Learned:  Courts have recently become more reluctant to order a party to produce metadata unless the requesting party...

Court: “TTYL texters, we r going 2 review ur msgs!”

February 01, 2009 05:18

Storing electronic communications, such as text messages, with a third-party does not remove a party’s discovery obligation to produce relevant, non-privileged electronic communications within its control, custody or possession. By Liza Montesano Flagg v. City of Detroit, 253 F.R.D. 346 (E.D. Mich. ...