Commonwealth v. Mangel, 181 A.3d 1154 (Pa. Super. Ct. Mar. 15, 2018)

Name, hometown and school on post is not enough to prove author’s identity On March 15, 2018, the Superior Court of Pennsylvania, provided an important reminder on the degree of direct or circumstantial evidence necessary to determine the paternity of a Facebook post to be admitted at trial. In this case, the Superior Court agreed […]

Waymo LLC v. Uber Technologies, Inc.

Waymo LLC v. Uber Technologies, Inc. (3:17-cv-00939) District Court, N.D. California is available at

Sanction Granted for Spoliation when Defendant Relied on Third Party to Preserve ESI

On February 24, 2017, the US District Court for the Northern District of California imposed sanction on a party failing to preserve electronically stored information (ESI) transferred in the sale of business. In this action for breach of duties under ERISA, the Court granted Plaintiffs’ motion for sanctions for spoliation of evidence. An insurance company […]

Use of a file-sharing site without password was found to constitute a waiver of attorney-client privilege and work product protection

On February 9, 2017, a Virginia District Court deemed that the posting of privileged information on the web without protection results in a waiver. In this case, Harleysville Insurance Company, (“Harleysville”) sued the defendants, Holding Funeral Home, Inc. seeking a declaratory judgment that it did not owe them fire loss claim. (Incidentally, the District Court […]

Baxter v. Anderson, 2016 U.S. Dist. LEXIS 110687 (M.D. La. Aug. 18, 2016)

Court Limits Request for Social Media to Certain Relevant Information On August 19, 2016, a Louisiana Middle District Court granted a motion to compel discovery of social media postings. In this personal injury case, Movant sought, among other requests, an order compelling a “more complete responses” to his request for production concerning plaintiff’s social networking […]

Discovery standards on completeness of response do not change when predicting coding is used, federal court held

On July 13, 2016 the Tax Court basically found that the use of predicting coding does not alter discovery standards for response completeness. This is the background: In September 2014 the Tax Court found that predictive coding is an expedited and efficient form of computer-assisted review that allows parties in litigation to avoid the time […]

Chen-Oster v. Goldman, Sachs & Co., Case No. 10 Civ. 6950, 2014 WL 716521 (S.D.N.Y. Feb. 18, 2014)

On February 18, 2014, the New York District Court issued an order in a gender discrimination class action, which among others, allowed the compelled party to manually review the documents resulting from an agreed-upon search term query. The Court considered the use of search terms to be a form of TAR. Since neither party agreed to produce documents […]