Weekly Highlights: September 10, 2012

Things You Might Have Missed Last Week

(Highlights in legal and electronic discovery news for the past week)

Interesting Electronic Evidence Cases

Robinson v. Jones Lang LaSalle Americas, Inc., No. 3:12-cv-00127-PK (D. Or. Aug. 29, 2012)

The defendant was seeking to compel production of discovery in (among other things) “all social media content involving [Plaintiff] since July 1, 2008” related to the Plaintiff’s “‘emotion, feeling, or mental state,’ to ‘events that could be reasonably expected to produce a significant emotion, feeling, or mental state,’ or to allegations in [Plaintiff’s] complaint.”.

Magistrate Judge Paul Papak (Oregon) found:

“I see no principled reason to articulate different standards for the discoverability of communications through email, text message, or social media platforms. I therefore fashion a single order covering all these communications.”

Link to Opinion PDF

Apple, Inc. v. Samsung Elecs. Co. Ltd., No. C 11-1846 LHK (PSG) (N.D. Cal. July 25, 2012)

The Defendant in this case was sanctioned for the loss of relevant emails due to Defendant’s failure to follow-up with employees to ensure compliance, and the Defendant’s failure to halt the email system’s auto-delete function.  Sanctions included an adverse inference that allowed the jury to presume that the missing evidence was relevant and favorable to the Plaintiff.

Link to Opinion PDF

Weekly Highlighted Case

EEOC v. Simply Storage Mgmt., LLC, 270 F.R.D. 430 (S.D. Ind. May 2010)

This case can be very useful when dealing with social media electronic evidence matters.  It was utilized by the Oregon magistrate in the above listed case (Robinson v. Jones Lang LaSalle Americas) when forming his opinion.

The defendant in this matter was seeking production of claimants’ social networking site profiles, as well as other communications from social sites used by the claimant.

Last May, the Great State of Texas saw a similar matter that relied, in part, on the EEOC case:

IN RE MAGELLAN TERMINALS HOLDINGS, L.P. AND MAGELLAN MIDSTREAM HOLDINGS GP, LLC 
Link to PDF Document

Electronic Evidence News

State Bar of Texas Alert Says ‘Scam Artist’ Stole Nonpracticing Lawyer’s ID for Fake Website

West Let Off the Hook on Web Malpractice Claim

OJ Simpson Prosecutor: Johnnie Cochran May Have Tampered with Bloody Glove

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