What's New
Any edition of the high-court shuffle will always attract attention. Although it is rare to see the Supreme Court ruling specifically on a question of eDiscovery, Court watchers have been interested to see how the addition of Sotomayor might influence the Court in the event of a relevant controversy. Having specialized in intellectual property while working with the firm of Pavia & Harcourt, and having at times touched on technology over the course of her more than 150 decisions, appeals court judge Sonia Sotomayer has created a record worth speculating over.
Bringing her history in intellectual property to bear, Sotomayer appeared comfortable in technology-based cases when wrote a few Anticybersquatting Consumer Protection Act cases in the early part of this decade. Examples can be found in Storey v. Cello Holdings, L.L.C. and Mattell, Inc. v. Barbie-Club.com.Read more
Our tip of the hat to Ralph Losey for his early comments on Phillip M. Adams & Associates, L.L.C., v. Dell, Inc., a recent case that has been turning heads everywhere. This case is certainly worth a read, and although it touches on a topic covered in one of our earlier posts, the outcome was surprising enough to be worth exploring again.
This was a case in which the defendant was sanctioned for not implementing a litigation hold, thus eliminating emails and data dated as far back as 1999. The catch: the defendant apparently did not receive notice from the plaintiff of a potential infringement claim until 2005, and claims to have implemented a litigation hold from that point forward. The Utah Magistrate judge reasoned that the entire computer and component manufacturing industry were essentially on notice of potential litigation (and as a result their litigation holds should have been triggered) in 1999 due to the presence of class action lawsuits against certain players in the industry in 1999 and 2000 based upon claims of defects in floppy disk controllers.Read more
Most people know that Microsoft excel has the capability to produce a wide variety of charts in order visualize data. However, if you find yourself needing to summarize more rows than excel can load or you need to use SQL to provide more flexible data manipulation, Microsoft Access also provides a function called "pivot charts" which allows users to generate quick visual summary of queries.
We'll start by importing a sample set of data which was obtained from the Internet. The data is in the form of Comma Separated Values, or CSV which is a common data interchange format.Read more
Out of the 500 companies on this years list, Logik is the top eDiscovery company. Wow! We're thrilled and humbled.
The Inc. 500 is a list of the fastest-growing private companies in the U.S. This award places Logik in company with past honorees such as Microsoft, Timberland, Intuit, Jamba Juice, Oracle, and Under Armour. We can only hope to reach the same success these companies have achieved.
We couldn't have done this without the support of our family, friends, partners, vendors, and our ahhh-mazing clients. Thank you so much to everyone that has supported us over the years. We greatly appreciate it.Read more
I see skies of blue – and clouds of white – a bright blessed subpoena! You mean warrant, right?
Nope. We respect you for trying, but they meant subpoena. (…what a wonderful world…)
In U.S. v. Weaver, a Seventh Circuit district court addressed the question of whether a court can, via subpoena, compel an Internet Service Provider’s (Microsoft’s) production of a subscriber’s opened emails which are less than 181 days old. 2009 WL 2163478 (C.D.Ill.) This was a case of first impression for the Seventh Circuit, and it clarified Theofel v. Farey-Jones, a previous Ninth Circuit ruling. 359 F.3d 1066 (9th Cir. 2004). Whereas the court in Theofel found that circumstances called for the use of a warrant, the Seventh Circuit in Weaver said that a subpoena would suffice.Read more
Sailing the safe harbor Posted By Daniel Kaiser, Esq. on August 11, 2009
BRING OUT YOUR DEAD…documents. If your company goes to court, and your opponent’s discovery request includes dead files or electronic files previously deleted from your archives, have you secured safe harbor protections against court sanctions?
The corporate records you maintain as electronically stored information (ESI)─now including email, voice messages, proposals, sales documents, contracts, legal documents, tax records, employment records, Board minutes, and press releases amongst other important files─are both assets and potential burdens to your company. Having extensive records at your fingertips will enable smooth operations by informing you in your transactions with existing and potential clients, by allowing market analysis and company forecasts, and potentially by protecting you in the event of a lawsuit.Read more
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