Crane on Law by James Crane
"Laws and institutions must go hand in hand with the progress of the human mind." - Sir Francis Bacon
In Case You Missed It: Adverse Inference Instruction in CA Dist Ct
Published in In Case You Missed it, Evidence, EDiscovery, Case Law Update by James Crane | Comment (0)In Keithley v. Home Store .com, Inc., a patent infringement case in the Northern District Court of California, the magistrate judge recommended that the District Court give an adverse inference instruction to the jury due to defendants' discovery misconduct described as "among the most egregious" she'd ever seen.
The bad discovery conduct included:
- False or misleading statements to the
In Case You Missed It: LotusNotes and Accessibility
Published in Litigation, In Case You Missed it, FRCP, Evidence, Case Law Update, Accessibility by James Crane | Comment (0)In Parkdale Am., L.L.C. v. Travelers Cas. and Sur. Co. of Am., Inc. (2007 WL 4165247), the Western District Court in North Carolina decided that relevant emails in LotusNotes format should be produced despite Plaintiffs' objections that it would cost $20,000 to convert them to a searchable format.
The Court found that because the emails were from a key custodian, and the amount at stake dwarfed
Five Reasons Companies Should NOT Conduct Their Own Forensic Investigations
Published in Spoliation, Outsourcing, Litigation, Evidence, EDiscovery, Corporate Counsel, Best Practices by James Crane | Comment (0)
Corporate counsel is always dealing with the challenges of controlling costs and providing their corporate client with the most defensible position. One question that always comes up is "why shouldn't we just collect our own data?" It's a good question. Many corporations have an IT department staffed with talented and available personnel.
New Study Shows Outbound Emails Continue to Concern Corporations
Published in Litigation Readiness, Evidence, EDiscovery by James Crane | Comment (0)Proofpoint has released results from a March 2008 survey of 301 US companies with more than 20,000 employees regarding email and data loss. The highlights from the responses include:
James Crane is an attorney, consultant and author with extensive experience in e-discovery management. In his practice, James has defended corporate clients in a variety of complex matters including multi-jurisdictional class actions and internal corporate and government regulatory investigations.