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A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to...more

9/12/2014 - Discovery Electronically Stored Information Federal Rules of Civil Procedure Rule 26

The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

9/17/2013 - Discovery Evidence Fourth Amendment Right to Privacy Social Media Stored Communications Act

A Hurdle To Obtaining Electronic Evidence

While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

7/15/2013 - Electronic Evidence Electronically Stored Information Email Encryption Mobile Devices Social Media Social Networks Stored Communications Act

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