Civil litigation articles include how to find the right trial attorney and how to avoid civil litigation by planning ahead.

The Risky Truth About File Sharing and Intellectual Property

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In 2013, Joel Tenenbaum was charged with illegally downloading and sharing copyrighted files.  He was accused by Sony BMG Music Entertainment, Warner Bros. Records, and UMG Recordings for violating U.S. copyright law.  The assessed damages were $675,000, but the judge reduced it down to $67,500.  The reduction was appealed, the $675,000 was reinstated, and Tenenbaum […]

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What are Consumer Protection Laws?

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Consumer protection laws are federal and state statutes that regulate seller and lender practices concerning consumer goods. The Consumer Product Safety Commission (CPSC) and Federal Trade Commission (FTC) are federal agencies that handle product safety standards and consumer complaints, respectively. These laws typically go beyond the traditional legal remedies available for breach of warranty. These […]

Do Emails Comprise a Special Class of Privileged eDiscovery Documents?

A pertinent question is whether the attorney-client privilege and/or work product doctrine can attach to any email that is sent to counsel? This is one of the issues that the court looked at in John W. Lee, III, v. Chicago Youth Centers; and Harry Wells, No. 12 C 9245 (N.D. Ill. June 10, 2014). The […]

Is ESI Produced in the Usual Course of Business Required to Be Organized by Plaintiffs?

Balancing the burden and expense of reviewing documents is a scenario that plays out many times over in eDiscovery and discovery in general. The court addressed this issue in FDIC-R v. Walter B. Bowden, et al., Case No. CV413-245 (S.D. Ga. June 6, 2014). The parties tried, but failed to agree on a Joint Protocol […]

Is eDiscovery Able to Facilitate Interrogatories and Disclosures?

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In the United States District Court for the Eastern District of Pennsylvania, the court looked at whether eDiscovery facilitated interrogatories as they pertain to early fact disclosure. In re: Domestic Drywall Antitrust Litig., MDL No. 2437, 2014 WL 1909260 (E.D. Pa. may 12, 2014) (Baylson, J.). Defendants moved to compel Plaintiffs to respond to two […]

Is Video Surveillance a Form of ESI That Warrants Delayed Production?

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In Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014), the court was presented with the difficult question of if and when video surveillance should warrant delayed production. Plaintiff was injured as a result of a slip and fall in a Target Store. Plaintiff in requested that Defendant produce a copy of the […]

Depakote Lawsuit Settled For $9.5 Million


Depakote manufacturer Abbott Laboratories has agreed to a $9.5 million settlement with the state of Louisiana over allegations of Medicaid fraud. According to the Washington Examiner, the state filed a lawsuit in 2011 against Abbott, saying it mis-branded the anti-epileptic medication and promoted the drug to control agitation and aggression in elderly dementia patients without […]

Does Video Surveillance Fall into the Category of Discoverable ESI or Privileged Work-Product?

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A complex question in the realm of eDiscovery looks towards whether video surveillance, as ESI, can be considered protected work product. The court took up the issue in Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014). Plaintiff alleged injuries resulting from a slip and fall in a Target Store. When Plaintiff submitted […]

Looking for Case Law on Native File Formatting?


Sekisui Am. Corp. v. Hart[1] (Hon. Shira A. Scheindlin stated metadata in native formatting has significant value as part of electronically stored information (ESI) in dicta.) Aguilar v. Immigration & Customs Enforcement Div.[2] (The court noted load files complete with metadata is proper in eDiscovery.) In Re Inc. Sec. Litig.[3] (Court ordered the production […]

Pro Tip: Don’t Write about Confidential Settlements on Facebook!


A teenage girl and her family got a big lesson regarding confidential settlements and Facebook overshare. The teen’s father was the former head of Gulliver Preparatory School and alleged age discrimination after he was released from his position. The parties eventually settled out of court, but included in the settlement was a confidentiality clause that […]

NFL Cheerleader Files Lawsuit Over Alleged Wage Violations


According to USA Today, a cheerleader who said the franchise is violating federal wage laws is suing the Cincinnati Bengals. The lawsuit, filed on February 11, is attempting to gain class action status by covering all Ben-Gals cheer squad members dating back to 2011. In her lawsuit, Alexa Brenneman, 24, said that squad members put […]