JD Supra - MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013) - Music, Art, Entertainment & Sports Law

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

Can You Get a Default Judgment for Producing TIFFs? - Bow Tie Law Blog

A Plaintiff brought a motion for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b), based on the Defendant’s untimely production of ESI as non-searchable TIFFs without metadata.

http://bowtielaw.wordpress.com/2013/10/18/can-you-get-a-default-judgment-for-producing-tiffs/

Has it really been ten years since Zubulake?

Indeed it has and some legal professionals are still strugling to keep up. The future is here.

Zubulake v. UBS Warburg

During 2003 and 2004, United States District Court Judge Shira A. Scheindlin issued five groundbreaking opinions in the case of Zubulake v UBS Warburg. Zubulake is generally considered the first definitive case in the United States on a wide range of electronic discovery issues. 

http://www.krollontrack.co.uk/zubulake/

So just for old time's sake:


SCHEINDLIN, District Judge.

382 F.Supp.2d 536 (2005)

Laura ZUBULAKE, Plaintiff,

v.

UBS WARBURG LLC, UBS Warburg, and UBS AG, Defendants.

No. 02 Civ. 1243SAS.

United States District Court, S.D. New York

March 16, 2005. http://scholar.google.com/scholar_case?case=11619708079678945477&q=Zubulake+v.+UBS+Warburg&hl=en&as_sdt=6,107,122, last visited October 17, 2013

10 Things You Didn’t Know About EDiscovery - JD Supra

Control of Personal Email Accounts & Litigation Holds - Bow Tie Law Blog

Control of Personal Email Accounts & Litigation Holds

Posted on October 10, 2013

Puerto Rico once again has issued a thought provoking eDiscovery opinion. It’s about time we hold a conference there.

The Court found the Plaintiff had offered sufficient evidence that the Defendant had a duty to preserve the personal email accounts of its former officers. The Court explained the email accounts were within the Defendant’s control because the officers had used the accounts for as along as seven years to manage the company. P.R. Tel. Co. v. San Juan Cable Llc, 2013 U.S. Dist. LEXIS 146081, at *4-5 (D.P.R. Oct. 7, 2013). Since the Defendant likely knew its managing officers were using personal email to conduct business, the duty to preserve included those 

http://bowtielaw.wordpress.com/2013/10/10/control-of-personal-email-accounts-litigation-holds/accounts. Id. 

A Quick Pulse on the State of Ediscovery - JD Supra

The Nuts and Bolts of Social Media Discovery - JD Supra