Subpoenas

  • ediscovery

    eDiscovery, Technology

    Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

    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.

    / Oct 21, 2014 at 3:35 PM
  • angry judge LF

    Benchslaps, Document Review, Federal Government, Federal Judges

    Benchslap Of The Day: Just. Produce. The Documents!

    Is this benchslap of the federal government unjustified?

    7 Comments / / Feb 21, 2014 at 4:01 PM
  • Woody Allen

    Asians, Books, Cass Sunstein, Celebrities, Drinking, Drugs, Elena Kagan, Jed Rubenfeld, Kids, Law Professors, Law Schools, Non-Sequiturs, Racism, SCOTUS, Student Loans, Supreme Court, Tax Law

    Non-Sequiturs: 02.03.14

    * Woody Allen’s lawyer, Elkan Abramowitz, responds to Dylan Farrow’s account of alleged sexual abuse at the hands of her famous father. [Gawker; Gothamist]

    * 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]

    * “Is Elena Kagan a ‘paranoid libertarian?’ Judging by [Cass] Sunstein’s definition, the answer is yes.” [Reason via Althouse]

    * 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]

    * Vivia Chen wonders: Is Amy Chua, co-author of The Triple Package (affiliate link), being attacked as racist in a way that it itself racist? [Time]

    * Yikes — journalists around the country have been receiving “a flurry of subpoenas in recent months,” according to Jeff Kosseff of Covington & Burling. [InsideTechMedia]

    * Congratulations to Orrick’s 15 new partners — an impressively diverse group, from a wide range of practice areas and from offices around the world. [Orrick Herrington & Sutcliffe]

    1 Comment / / Feb 3, 2014 at 5:01 PM
  • Joan_Holloway_Wiki

    Blogging, Crime, Non-Sequiturs, Paralegals, Secretaries / Administrative Assistants, Television

    Non-Sequiturs: 04.24.13

    Happy Administrative Professionals’ Day! While we focus a lot on lawyers, judges, and law schools around here, I wanted to take this opportunity to appreciate our legal staff audience — the legal 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 also 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. [SJL Shannon Press Release via Wall Street Journal]

    * 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]

    2 Comments / / Apr 24, 2013 at 5:01 PM
  • growing-marijuana-indoors

    9th Circuit, Drugs, Marijuana, Privacy, Quote of the Day

    Quote of the Day: Dude, Are You High? Not Cool, Your Honor.

    The Ninth Circuit issues an unusual opinion on warrantless utilities records requests.

    3 Comments / / Aug 8, 2012 at 5:50 PM
  • Mayweather Bieber

    Blogging, Football, Law Schools, Non-Sequiturs, Politics, Sports

    Non-Sequiturs: 05.07.12

    * 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]

    * Here is a visual representation of the Dewey & LeBoeuf partner departures (which have also been captured in tabular form by Am Law Daily). [Thomson Reuters News & Insight]

    * I think if more lawyers drew inspiration from Jeanne d’Arc, more recent graduates would light themselves on fire. [Amicae Curiae via Blawg Review]

    5 Comments / / May 7, 2012 at 6:21 PM
  • stripper_heels_g7

    Bail, Bar Exams, Biglaw, California, Crowell & Moring, Deaths, Football, Kids, Law School Deans, Law Schools, Morning Docket, Sexual Harassment

    Morning Docket: 04.30.12

    * 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]

    0 Comments / / Apr 30, 2012 at 9:10 AM
  • Jennifer Hudson

    Job Searches, John Edwards, Law Schools, Morning Docket, Murder, New York Times, Sarbanes-Oxley / Sarbox / SOX, Small Law Firms, Trials, Twittering

    Morning Docket: 04.24.12

    * 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]

    5 Comments / / Apr 24, 2012 at 9:06 AM
  • 2nd Circuit, Biglaw, Divorce Train Wrecks, Holidays and Seasons, Jed Rakoff, Morning Docket, Nude Dancing, SCOTUS, Securities and Exchange Commission, Social Networking Websites, Supreme Court, Twittering, Women's Issues

    Morning Docket: 12.28.11

    * How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post] * Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages […]

    12 Comments / / Dec 28, 2011 at 9:15 AM
  • Judge Sam Sparks

    Attorney Misconduct, Benchslaps, Depositions, Federal Judges, Rudeness, Sam Sparks, Texas, Vicious Infighting

    Benchslap of the Day: Judge Sparks Burns More Attorneys

    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. Last week, Judge Sparks lit more lawyers on fire….

    58 Comments / / Aug 29, 2011 at 5:20 PM

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