Case Law & Court Rules

Noel B. v. Anna Maria A., Docket No. F-00787-13/14B (N.Y. Fam. Ct. Sept. 12, 2014) After Petitioner’s effort to serve action to Respondent’s physical address failed, a New York family court Judge authorized substituted service of process via Facebook social networking service. According to the decision, Petitioner was unable to serve an action seeking to […]

On September 25, 2014, the NY Appellate Division of the Supreme Court denied the New York County District Attorney motion to dismiss Facebook’s appeal of In re search 381 search warrants directed to Facebook and dated July 23, 2013. In July 2013, a trial court issued bulk search warrants directing Facebook to produce virtually all records and communications […]

On September 18, 2014, the Oregon District Court, issued an order in a Consolidated Amended Class Action Complaint against excessive flood insurance coverage. Among other matters, the order is interesting because it highlights the parties’ use of TAR. In this case, Plaintiff’s counsel reviewed more than 1.1 million documents produced in the case using “search […]

Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) A US Tax Court held that predictive coding technique could be used to identify information even thought respondent objected that it is “unproven technology”. Responded requests Petitioners to produce electronically stored information contained on two backup storage tapes or, […]

An Irish judge has issued an order approving notice of proceedings via LinkedIn in a liquidation of entity where the liquidator could not locate and serve one of the persons connected with liquidating entity in a more traditional way. More here In 2012, another Irish judge approved service via Facebook (read more here) As we recently reported, […]

Cal federal court sanctioned third party who ignored subpoena for ESI  In Vasquez v. California, the California Court of Appeal held that under federal law, a nonparty cannot avoid complying with a subpoena seeking electronically stored information on the ground that it must create new code to format and extract that information from its existing […]

Denison v. Larkin, 2014 WL3953637 (N.D. Ill. Aug. 13, 2014) This case arises out of an Illinois Attorney Registration and Disciplinary Commission (“IARDC”) disciplinary proceeding. Plaintiff, a licensed attorney in the state of Illinois, is suing the IARDC for using portions of her copyrighted Blog as evidence against her in an attorney disciplinary proceeding. The […]

On August 6, 2014, the United States District Court, Southern District of California issued an order in a class action brought for Violation of Federal Securities Laws. Among other matters, the order is interesting because a party compels the use of TAR. The court denied Plaintiffs’ request to require the defendants to use TAR on […]

On July 22, 2014, the Tennessee District Court issued an order in a breach of contract dispute. Among other issues, the order is interesting because the Court permitted Plaintiff to switch to TAR after having previously agreed to use search terms and manual review. Defendant objected that the request was an “unwarranted change in the […]

On July 21, 2014, the United States District Court, District of Nevada, fined Plaintiff and her counsel for deletion of social media postings. The magistrate judge had granted in part Defendant’s Motions for Spoliation Sanctions against the Plaintiff for intentionally destroying text messages and Facebook posts that contradicted Plaintiff’s claims. Plaintiff moved to reconsider the […]