Tag Archives: E-Discovery

Court Limits eMail Search Warrants

Search warrants were rejected because they required “…each Provider to disclose all email communications in their entirety and all information about the account without restriction.” On August 27, 2013 US Magistrate Judge David J. Waxse denied the government’s request under the 1986 Stored Communication Act to require Google, GoDaddy, Verizon, Yahoo!, and Skype regarding an … Continue reading this entry

eMails Costly to Samsung in Apple's $1 Billion Jury Verdict

Behind Apple’s huge verdict in the Samsung trial it’s likely that eMails may have caused the most damage to Samsung on two levels: first, Samsung destroyed eMails which led the Judge to instruct the jury that they should assume the destroyed emails were adverse to Samsung (the legal term is an “Adverse Inference”); and second, … Continue reading this entry

Litigation Hold for eDiscovery - Gross Negligence Standard Rejected

A recent ruling overturned the 2010 case where Judge Shira Scheindlin concluded that failing to issue a litigation hold was per se gross negligence. The Second Circuit Court of Appeals on July 10, 2012 ruled in Chin v. Port Authority of New York New Jersey that failure to issue a litigation hold is not per se gross … Continue reading this entry

New Law Course on eDiscovery & eEvidence

eDiscovery has transformed litigation and required that all lawyers understand Information Technology since more than 95% of all information is now electronic. I am happy to report that staring January 9, 2012 I will begin teaching a brand new course on eDiscovery & eEvidence at the SMU Dedman School of Law in Dallas. The SMU … Continue reading this entry

Court Orders Plaintiff to Share Facebook Login Info with Defendant

A court recently ordered an accident victim to provide her “Facebook username email and password” to a defendant in an auto accident lawsuit. After a chain-reaction auto accident Jessica Largent and her husband sued Jessica Reed Rosko for negligence that led to serious and permanent physical damages, and loss of consortium. (Keith Largent and Jennifer Largent v. … Continue reading this entry

PODCAST: e-Neutrals and Special Masters in eDiscovery

Please listen to this informative podcast about eNeturals and Special Masters for eDiscovery featuring US District Judge Arthur J. Schwab, Allison Skinner, and Timothy Opsitnick concerning the American College of eNeutrals’ efforts to training mediators, Special Masters, and discovery referees. Karl Schieneman moderated the panel’s discussion. Also Karl Schieneman interviewed Allison Skinner and me available on a … Continue reading this entry

Current Issues in eDiscovery & ADR

Last week I posted a guest blog on Karl Bayer’s Blog about Dispute Resolution concerning Michael Geigerman’s ADR program at Washington University School of Law on October 29, 2100. Michael Geigerman was the Moderator for a half day seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29, … Continue reading this entry

eDiscovery Update: Special Masters and eMediation

Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery. … Continue reading this entry

210 Billion Emails Sent Each Day -It's Time to Use eMediation or Special Masters in eDiscovery - Webcast on February 16, 2010 (State Bar of Texas CLE)

Last week I posted as a guest blog at on Karl Bayer’s Blog about Dispute Resolution concerning Allison Skinner. Victoria VanBuren who works with Karl has posted a guest blog on this site about the Enron database. Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the … Continue reading this entry

60 Minutes Report about Cyber War, but Still No Cyber Czar

Probably everyone who watched the recent 60 Minutes story entitled “Cyber War: Sabotaging the System” was not surprised by any aspect of the story. The report is old news, but unsettling particularly following President Obama’s presentation of his “Cyber Policy Review.” The White House vowed to take the lead in protecting the US. However apparently … Continue reading this entry

Mediating eDiscovery Disputes - Allison Skinner's Brilliant Idea

Last week I posted as a guest blog at on Karl Bayer’s Blog about Dispute Resolution concerning Allison Skinner. Victoria VanBuren who works with Karl has posted a guest blog on this site about the Enron database. Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and written two outstanding articles … Continue reading this entry

Guest Post: E-Discovery and The Enron E-Mail Dataset Research

GUEST BLOG FROM VICTORIA VANBUREN Before Dave Grant joined Gardere as the Director of e-Discovery, he was responsible for e-Discovery at Enron in the last few years before its total melt down and was responsible for managing more than 1.25 million documents.   While at Enron, Dave responded to more than 100 subpoenas from various states … Continue reading this entry

The Role of Special Master in E-Discovery

My good friend Victoria VanBuren recently posted a blog on Karl Bayer’s Blog about Dispute Resolution concerning my article in Atlantic Coast In-House Article about experience as a Special Master. You may find this excerpt of interest: Before I got into law, I had a career as a computer programmer, received a master’s degree in computer … Continue reading this entry

e-Discovery Complicates Public Records Requests

One might ask if every public employee must keep every email forever given this report that the Massachusetts Secretary of State ordered the seizure of City of Boston computers searching for deleted emails. This order follows a public records request by the Boston Globe to the Mayor’s office and which yielded only 18 emails during … Continue reading this entry

10 Year Old e-Discovery Rule in Texas Finally Gets Appellate Review

The Texas Supreme Court issued the first Opinion interpreting the first eDiscovery Rule of Procedure in the US, In Re Weekley Homes. Texas Rule of Civil Procedure 196.4 was adopted by the Texas Supreme Court in 1999 with a number of sweeping discovery reforms, long before the Federal Rules of Civil Procedure were changed in … Continue reading this entry

Google Enters the e-Discovery Fray!!

Google recently starting promoting a new service App they call Google Message Discovery which creates a new, huge change for e-Discovery. This service uses Postini which provides email filtering for hundreds of companies. When Google acquired Postini in 2007 many wondered what the heck’s going on? How did email filtering services fit in to the … Continue reading this entry

Destruction of Disk Contents May Lead to a Default Judgment

A Federal Magistrate Judge recommended the defendants be defaulted and pay attorneys fee in Gutman v. Klein sends a clear message for litigation throughout the US. Regardless of whether the Federal Judge adopts the Magistrate Judge’s Recommendation, it is clear that we will see more headlines like this in the future in state and federal … Continue reading this entry

Too Social? Hard to Believe!

The growth and proliferation of social networking on the Internet has hit a new wall- too much social networking. Recent reports that Facebook has disabled members for too much social networking apparently is a reaction to concerns of suspicious behavior which really boils down to using the site too much. Facebook’s 100 million users are … Continue reading this entry

Work of the Special Masters & Consultants

Information technology is an essential component of every lawyer’s practice and every client is dependent upon IT. It should not be a surprise that more than 95 percent of information is electronic. Consequently, nearly every lawsuit today has, and in the future will involve electronically stored information (also referred to as ESI). Special Masters in … Continue reading this entry