ESI

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The discovery of electronically stored information (ESI) is loaded with potential pitfalls and failure unless the parties add two components to the mix: cooperation and collaboration. Lacking those components, ESI discovery, at least sometimes, can be one of the more painful experiences for the average trial lawyer.

The problem to overcome is largely that trial lawyers, by their nature, are competitive souls and tend toward competition rather than cooperation. Add to this personality that of the client who expects her lawyer to win everything, every time and we are off to the races.

In a recent case, the Honorable Magistrate Judge Peggy Leen seems to deal with overly competitive parties and lawyers not inclined toward collaboration; in the recent decision in Progressive Casualty Insurance v. Delaney, 2014 WL 2112927 (D. Nev. May 20, 2014).

double red triangle arrows Continue reading “In ESI Discovery: Are keywords, concepts and other searches simply antiques?”

Last time we checked in with the crumbling prosecution of Megaupload, the massive cyber locker, and its similarly massive leader, Kim Dotcom, a New Zealand court had declared the search warrant served against Dotcom unconstitutional.

This week, the same judge has ruled that the United States government needs to let New Zealand see why exactly they want to extradite Dotcom. You know, so the country can decide if it’s really a good idea to turn over someone to a foreign government.

What a shocking request! Let’s keep reading to see the details of the ruling, as well as additional updates as to what Dotcom is doing to try to pay his lawyers, who thus far have not received a dime for their services….

double red triangle arrows Continue reading “The DOJ Wishes Megaupload Would Just Die Already”

The train wreck that is the Department of Justice’s criminal copyright case against Megaupload and its eccentric CEO, Kim Dotcom, is spiraling out of control faster and faster. And I have to admit, as a music-obsessed child of the ’90s and the download era, God, it is fun to watch.

A New Zealand court made another ruling today, and it’s another sledgehammer to the government’s case against the formerly massive cyber locker. Keep reading to see what once was a slamdunk case continue crumbling before our eyes….

double red triangle arrows Continue reading “DOJ Case Against Megaupload Continues Crumbling, and I Have To Admit It’s Fun to Watch”

As part of our continuing coverage of Maximus, err, Kim Dotcom, the charismatic, renegade technology leader of Megaupload who appears to be in the process of defying an entertainment empire, let’s take a quick look at the most recent filings in his copyright fight with United States government.

Plus, more importantly, we have a look at Dotcom’s awesome new Twitter feed. Spoiler alert: the account includes photographic evidence of money “laundering,” “racketeering,” and a guest appearance by the Woz…

double red triangle arrows Continue reading “What’s Happening In the Megaupload Case? Also: Kim Dotcom Joins Twitter, Uses It To Make Legal Jokes”

We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.

We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…

double red triangle arrows Continue reading “The Justice Department Appears to Be Losing the Battle Against Megaupload”

The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.

And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…

double red triangle arrows Continue reading “Megaupload Trial May Never Happen Because of Possible FBI Error”

Following the federal government’s raid in January 2012 on Megaupload, the company that owned and operated the notorious file-sharing site megaupload.com, the criminal case has already started making its way through the court system. The government froze the company’s assets, and the CEO is under house arrest, but Megaupload still managed to hire some high-powered, Biglaw representation. Good for them, right?

Well, maybe not. The government has objected to Quinn Emanuel entering the case to represent Megaupload. The government cites conflicts of interest.

What are the alleged conflicts? And what does Quinn have to say about the situation?

The firm just filed a saucy brief responding to the objection. Let’s just say that Quinn isn’t taking it lying down…

double red triangle arrows Continue reading “Quinn Emanuel Calls B.S. on Government Conflict-of-Interest Objection in Megaupload Case”