Articles & Resources
Below are links to articles posted in Articles & Resources.
Request for Metadata Denied: Requestor fails to establish that the produced document was not reasonably usable.
April 15th, 2008
Larry Wescott’s article at www.electronicdiscoveryblog.com outlines why the court denied the request for metadata:
Requestor sought to compel producer to produce document in native format after producer had already produced it in hard copy and PDF format. Requestor alleged that the original version of the document, produced in Microsoft Word, contained metadata which indicated when the […]
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FBI: Dollar Loss from Internet Crime Reaches An All-Time High
April 8th, 2008
An article in the Insurance Journal recently reported that the Federal Bureau of Investigation is now listing the cost of Internet crimes as having increased by a staggering $40 million in just one year. This brings last years total to $240 Million dollars.
According to the FBI’s 2007 Internet Crime Report, the Internet Crime Complaint Center […]
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Expedited Discovery Awarded for Attorneys Seeking Identity of Authors of Alleged Defamatory Remarks
April 3rd, 2008
It’s increasingly possible to determine the identify of those involved in anonymous internet defamation or other “Cyber” misconduct. A recent case in point: Two Yale law students, through their attorneys at Keker & Van Nest, have been successful in their motion for expedited discovery in attempting to determine the identities (via their IP addresses) of anonymous individuals […]
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Computer Forensics Play a Role in the Eliot Spitzer Scandal
April 3rd, 2008
In a stroke of irony even more dramatic than Eliot Spitzer’s stunning resignation and admission of affairs with prostitutes, it is almost a forgone conclusion that some of the computer forensics evidence that led the unraveling of his world will be Electronically Stored Information, (ESI). Why is this ironic? Spitzer, of course, made a career […]
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No Sanctions Warranted for Failure to Produce “Smoking Gun” Email
March 20th, 2008
In this case involving electronic discovery and claims of misappropriation of trade secrets, breach of contract and conversion, the plaintiff sought sanctions for two claimed wrongs:
(1) defendants’ belated production of, and misrepresentations about, source code complete with developer comments; and
(2) defendants’ failure to produce “smoking gun” email, which was produced by another party who was the […]
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