Category Archives: Uncategorized

Significant Victory in Meyer v. Portfolio Recovery

The Ninth Circuit handed down its ruling on Portfolio Recovery’s appeal on October 12, 2012. The ruling represents a significant victory for my client, the class he represents, and consumers generally.  

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Litigants Are Not Responsible for the Other Parties’ Document Storage Choices

Several cases remind us that a litigant cannot protect against ordinary discovery by using a record system from which it is inordinately burdensome to retrieve relevant documents. “The fact that a corporation has an unwieldy record keeping system which requires … Continue reading

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Cautionary Tale About Security in the Cloud

Unknown third parties compromised Wired journalist Mat Honan’s entire personal online profile. Apparently, they started by using his billing address and the last four digits of his credit card to obtain a temporary password for Honan’s Apple ID account from … Continue reading

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Obstruction of Justice in Civil Discovery

18 U.S.C. ยง 1503 prohibits obstruction of justice. Section 1503’s omnibus or “catch-all” clause is broadly written: Whoever . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors … Continue reading

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First American v. Edwards

The Supreme Court decided the writ of certiorari was improvidently granted in First American v. Edwards today. Many defendants hoped that the Supreme Court would rule that plaintiffs who did not suffer any injury aside from the violation of rights … Continue reading

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