• Cullen and Dykman LLP Blogs

  • Archives

  • Author Archives: Cullen and Dykman's E-Discovery Group

    Law Firms and Cloud Computing

    The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud computing? The United States National Institute of Standards & Technology (“NIST”) defines cloud computing as: A model […]

    Happy Holidays!

    To all of our colleagues, business associates, clients, and especially our readers, we would like to take this opportunity to extend our warmest holiday wishes to you and your family. Sincerely, Cullen and Dykman’s E-Discovery Department

    SDNY Denies Motion for Recusal or Disqualification of Judge Peck in Da Silva Moore

    Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (S.D.N.Y. Nov. 8, 2012). It has been over six months since we last discussed the Plaintiff’s request to have Judge Peck recuse himself after his decision to have the parties use predictive coding in Da Silva Moore v. Publicis Groupe.  On November 8, 2012, […]

    Facebook “Likes” Are Not Protected Speech Under the First Amendment

    Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009.   Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent […]

    E.D.N.Y. Rules on Firm’s Ethical and Legal Obligations to Preserve Former Client’s Emails

    FDIC. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). Last month, the Eastern District of New York ruled on the ethical and legal obligations of a firm to preserve their former client’s emails in Federal Deposit Ins. Corp. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). In FDIC v. Malik, […]

    Plaintiffs in Da Silva Moore Request Judge Peck’s Recusal

    Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 23, 2012, we wrote a blog post in regards to Judge Peck’s decision in Da Silva Moore, which ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding.  After the order was issued, […]

    Southern District of New York Addresses Predictive Coding During E-Discovery

    Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 8, 2012, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York heard the parties in Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012) and ordered […]

    Court Orders Defendant to Decrypt Her Laptop’s Hard Drive

    U.S. v. Fricosu, 10-CR-00509 (D. Colo. January 23, 2012). On January 23, 2012, a District Court for the District of Colorado ruled that a defendant in a mortgage fraud case had to provide the government with an unencrypted version of a hard drive despite her Fifth Amendment claim of self-incrimination. This case surrounds an encrypted […]

    New Jersey Court Excuses Plaintiff from the Burden of Reviewing ESI from Unallocated Space

    I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). Earlier this month, the United States District Court for the District of New Jersey ruled on whether the burden involved in reviewing the results received by a party after it used a series of broad search terms outweighed the benefit […]

    What is a “Reasonably Useable” Form of ESI Under FRCP 34(b)(E)(ii)?

    ESI can be produced in an array of formats, including Tagged Image File Format (“TIFF”), Portable Document Format (“PDF”), and the file’s native format (i.e. in “.xls” format for Microsoft Excel files).  Typically, the format of the ESI is decided on during the meet and confer conference at which parties may request ESI to be […]