Legal Holds

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  • California District Judge Allows Infringement Charts as a Response to Interrogatories

    eLessons Learned
    dsodroski
    27 Aug 2014 | 6:00 am
    This particular dispute revolved around ProconGPS, Inc.’s, the plaintiff, desire to introduce infringement charts or alternatively to amend its infringement contentions pursuant to Patent Local Rule 3–6 so the contentions were consistent with its infringement charts.  The Northern District of California issued an opinion without oral argument granting the plaintiff’s motion to compel. These charts [...]
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    eLessons Learned

  • California District Judge Allows Infringement Charts as a Response to Interrogatories

    dsodroski
    27 Aug 2014 | 6:00 am
    This particular dispute revolved around ProconGPS, Inc.’s, the plaintiff, desire to introduce infringement charts or alternatively to amend its infringement contentions pursuant to Patent Local Rule 3–6 so the contentions were consistent with its infringement charts.  The Northern District of California issued an opinion without oral argument granting the plaintiff’s motion to compel. These charts [...]
  • Must Parties Agree On the “Seed Set Documents” Used in Predictive Coding? Your Guess Is As Good As Ours.

    dsodroski
    25 Aug 2014 | 6:00 am
    United States Magistrate Judge Leslie G. Foschio dismissed the plaintiff’s motion to compel defendant to meet and confer on ESI protocol for the defendant’s predictive coding due to the fact that the defendant was willing to meet with the plaintiff and their respective ESI consultants, minus any consultants that had previously worked on the the [...]
  • How Can You Check if Your Insurance Customer is Faking an Injury? Get Evidence Before Requesting Access to Their Social Media!

    dsodroski
    22 Aug 2014 | 6:00 am
    A growing trend in insurance disputes is a demand for insurers to have access to the claimant’s social media content. In January 2013, the District of Montana had to consider whether to compel a woman to produce all of her social media photos. The court did not grant this request and the decision serves as [...]
  • Preserve Immediately or be Sanctioned!

    dsodroski
    20 Aug 2014 | 6:00 am
    In this case, the plaintiff, an inmate at Rikers Island, brought a motion for spoliation of evidence and alleged the defendants breached their duty to preserve evidence. The evidence in question is video footage relevant to the litigation regarding the assault on the plaintiff which occurred on May 24, 2011, by other prison inmates in [...]
  • Court Denies Motion to Compel Forensic Computer Examination Based on Proportionality Grounds

    dsodroski
    18 Aug 2014 | 6:00 am
    A common problem in e-Discovery is what to do when your adversary is withholding relevant information.  An even worse problem is when you know your adversary is withholding relevant information, but you are not precisely certain what that information is.  This was the problem for the defendant in NOLA Spice Designs, LLC v. Haydel Enterprises, [...]
 
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