The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary Arts, Inc. (Sallie Mae) (August 27, 2014, B250600) Cal.App.4th (2014 WL 4793703), the court defined subpoenaed parties’ obligations to extract existing data from computer systems and upheld an award of attorneys’ fees against the recalcitrant third party. The court concluded that it is unreasonable for a third party to withhold ESI that exists in its computer systems on the basis that outputting the ESI entails creating a “new” spreadsheet.
Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face SanctionsBy W. George Wailes
Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.
Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.
This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted?
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* Sound advice from Professor Glenn Reynolds on how not to increase applications to your law school. [Instapundit]
* What is a “nitro dump,” and will it provide information about who (or what) killed Philip Seymour Hoffman? [ATL Redline]
* A petition of possible interest to debt-laden law school graduates: “Increase the student loan interest deduction from $2,500 to the interest actually paid.” [WhiteHouse.gov]
* Happy Administrative Professionals’ Day! While we focus a lot on lawyers, judges, and law students, I’d like to take this opportunity to appreciate our legal staff audience — the secretaries, paralegals, clerks, recruiters, office managers, word processors, receptionists, and everyone else affiliated with the legal practice other than the J.D. crowd. Not only do you do great work, but you help keep this site running with your anonymous tips. Keep ‘em coming! [Above the Law]
* Why yes, I do want a Tumblr of GIFs about public defenders. [What the Public Defender]
* A mega-retailer with a reputation for ruthlessly destroying its competitors makes life difficult for anyone who has to subpoena them? No! [Associate's Mind]
* UVA College Republicans see a massive infringement of student rights in the administration’s decision that fraternities conclude pledging early as an anti-hazing measure. Republicans: Protecting your God-given right to create a naked pyramid since Abu Ghraib. [Cavalier Daily]
* “The Blogger as Public Intellectual.” See, we’re a lot more than dick jokes about law firms, people. [PrawfsBlawg]
* Of all the reasons to lock your cell phone, “To Avoid Arrest” is one of them. [Legal Juice]
* Biglaw explained: Clinical depression is contagious. [Law and More]
* SJL Attorney Search has acquired The Shannon Group, a Washington, D.C.-based career transition, coaching and talent development firm. [Wall Street Journal (press release)]
* Arrested Development is coming back soon! Check out this infographic that tells you which Arrested Development character you are. To the surprise of no one, I’m Lucille. Unfortunately, Barry Zuckercorn, Maggie Lizer, and Bob Loblaw aren’t options. [OK Gorgeous]
The information subpoenaed does not need to be relevant to a crime; in fact, it may be used to dissipate any suspicion of a crime.
– Judge William Fletcher, in a Ninth Circuit decision ordering utilities companies to turn over customer records even without a warrant. The case, U.S. v. Golden Valley Electric Association, deals with Alaskans suspected of growing marijuana indoors.
* I bought the excellent Mayweather/Cotto fight this weekend. Floyd looked great for a guy who was too much of a coward to fight Manny Pacquiao. But the sweet science is dying. In its place, a bunch of grabbing and submission could be legalized in New York. [New York Daily News]
* Speaking of boxing, hey football, I bet 40 years ago nobody thought this would ever happen to boxing. [Overlawyered]
* Cooley Law subpoenas Professor Paul Campos. [Inside the Law School Scam]
* Accusing the president of “thuggery,” just another day on the campaign trail. [Election Law Blog]
* These kids are smiling because those diplomas were free, folks. [OC Register]
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* He may not have authoritah to respect! George Zimmerman received more than $200K in donations for his legal defense fund, but Judge Lester isn’t going to increase his bail just yet. [New York Times]
* Is Joe Amendola’s client, Jerry Sandusky, rubbing off on him? First he advises people to call a gay sex hotline, and now he’s spilling loads (of info) on boys all across Pennsylvania. [Philadelphia Inquirer]
* Thanks to an inquiry by the New York Post, Columbia Law has changed how it reports its post-grad employment statistics. Perhaps more publications should get their b*tch-slappers out. [New York Post]
* If every day were filled with science experiments, laser demonstrations, and art projects at Crowell & Moring, then maybe lawyers would think twice about allegedly embezzling millions. [Washington Post]
* Lawyers need to know how to be lawyers before they can be lawyers? “Way too meta, dudes,” say law school deans in California. Maybe next time, bar examiners, maybe next time. [National Law Journal]
* “With these grades, you could be a stripper.” That’s quite the report card!
Guys Teachers in my high school used to allegedly sexually harass former students all the time, it was no big deal. [Connecticut Post]
* Walter L. Gordon Jr., a groundbreaking lawyer in the era of segregation, RIP. [Los Angeles Times]
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* Low prices. Every day. On everything. Except bribes. The NYT handed the feds an FCPA case against Wal-Mart on a platter, but the discount superstore might soon have a SOX problem to worry about. [Reuters]
* The John Edwards campaign finance trial is already off to a dramatic start. It seems that the prosecution’s key witness is just as shady as the former presidential candidate is alleged to be. [Boston Herald]
* Career services offices might not know how to find law students jobs at small law firms, but luckily, it seems like they’re finding them just fine on their own. At least in New York. [New York Law Journal]
* An “abuse of process”? Looks like it’s time to #OccupyTwitter. A New York judge has approved a subpoena for tweets belonging to an Occupy Wall Street protester. [Bloomberg]
* And I am telling you, I’m not going — to help your case. Yesterday, Jennifer Hudson testified at the trial of the man accused of killing her relatives. Wonder if she took some tips from her fiancé, David Otunga. [CNN]
* “I decided to become a kidney donor to my boss, and she took my heart.” A lesson in why you should reconsider donating organs to your boss: you might get fired before the wound heals. [New York Post]
- Attorney Misconduct, Benchslaps, Depositions, Federal Judges, Rudeness, Sam Sparks, Texas, Vicious Infighting
You do not want to mess with Judge Sam Sparks, of the U.S. District Court for the Western District of Texas. We recently wrote about Judge Sparks accusing a lawyer appearing before him of incompetence — in a harshly worded order that pulled no punches.
Judge Sparks has been doling out stinging benchslaps for years, and he’s gotten pretty good at it. In particular, His Honor has little patience for discovery disputes. In 2007, for example, he smacked down some lawyers squabbling over a deposition — in rhymed couplets, no less.
Last week, Judge Sparks lit more lawyers on fire….