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Don’t Assume A Strong Discovery Protective Order Means Your Client’s Confidential Information Will Not End Up in the Public Record

The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn’t a party. Among the categories of documents requested are some that clearly include information the non-party...more

Sixth Circuit Lifts the Lid On Pre-Approved Filings Under Seal

Any thought that the Sixth Circuit’s June decision regarding filings under seal in Shane Group, Inc. v. BlueCross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), might be narrowly construed based upon the nature of the...more

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

Everything Old is New Again: New Sources for Spoliation Sanctions

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...more

No Panacea: Proportionality under New Rule 26(b)

On December 1, very significant changes to the Federal Rules of Civil Procedure went into effect. After nearly five years of work and debate, the new rules have debuted with both fanfare and trepidation. One of the most...more

No Safe Harbor: Why U.S. Companies Must Be Aware of Europe’s Privacy Rules

The European Union has consistently provided its residents greater data protection than the United States. Directive 95/46/EC outlines specific requirements for data protection, including a provision that transfers of...more

SMS: Spoliation Made Simple?

Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy...more

From the Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities and the Lessons of Bitcoin

On April 24, Overstock.com filed a Form S-3 with SEC for securities offerings up to $500,000,000. This filing is the first to propose offering digital securities, which the prospectus defines as “uncertificated securities,...more

From Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities & the Lessons of Bitcoin

A first look at Overstock.com's proposal to use a Bitcoin-like technology to distribute and trade in digital securities....more

When Personal Email Is Serious Business

Hillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State. Mrs. Clinton apparently exclusively (or nearly exclusively) used her personal email account while...more

3/20/2015

Finding the Needle When You Can’t Locate the Haystack – How do you narrow down the scope of e-discovery?

Joffe v. Google, No. 3:10-md-02184, currently pending in the Northern District of California, is predicted to be the biggest corporate wiretap case in history – assuming the plaintiffs have standing. ...more

3/11/2015  /  Discovery , Email , Google , Standing , Wiretapping

The 21st Century Water Cooler: Discovery and Text Messages

Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

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