Electronic Discovery Updates

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Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business...more

Fracking Prohibition Challenge: Citadel Sues San Benito County over Local Fracking Ban

On Friday, February 27, 2015, Citadel Exploration, Inc. (“Citadel”) filed suit against San Benito County in the County’s Superior Court, arguing that state law preempts Measure J, a county ordinance that prohibits hydraulic...more

E-Discovery — If not transparency, how about translucency?

Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more

E-Discovery Update: “Discovery on Discovery”

As discovery has evolved into an electronic undertaking, large corporations increasingly find themselves defending their efforts to comply with the discovery requests of skeptical opposing counsel. ...more

Self-Tracking Solar Panels Eliminate Costly Alignment Systems

One of the technologies showcased at ARPA-E again this year was from Glint Technology. I first spoke with this company last year, and now understand that they think their technology will be "ready for prime time" in one more...more

E-Discovery and Information Management: New Email Retention Policy for New York State Heightens the Need to Timely Serve...

According to recent media reports, New York State has now implemented the 90-day email retention policy that was previously announced by the Cuomo Administration in June 2013. The reports indicate that various state agencies’...more

Merely Discarding Information Won’t Violate Florida’s Tampering Statute

On December 3, 2014, Florida’s Fourth District Court of Appeal overturned a police detective’s conviction for deleting a video from his work cellular telephone. The video recorded a witness making statements about a case, but...more

Pure Speculation is Not Enough for Sanctions (Florida)

Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015). In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more

Court Refuses to Impose Sanctions Where No Duty Exists (Kansas)

Ballai v. Kiewit Power Constructors, 2015 WL 423795 (Ks. Ct. App. Jan. 23, 2015). In this employment law case, the plaintiff sought sanctions after the defendants recycled a laptop computer that the plaintiff had used...more

And the Academy Award for the Most Competent E-Discovery Counsel Goes To . . .

After all the jokes were told, the statuettes (both Lego and real) were handed out, and the speeches were made, one image stood out above the rest from this year’s Academy Awards: John Travolta clutching the chin of “Adele...more

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Court Denies Motions To Compel Production Of Documents Unrelated To Reinsurance Policies At Issue In Action

The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more

Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance’s Leaders

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to...more

Court Attempts to Strike Balance in Scope of Discovery (Minnesota)

Webb v. Ethicon Endo-Surgery, 2015 WL 317215 (D. Minn. Jan. 26, 2015). In this products liability case, both parties objected to the magistrate judge’s orders and disputed the appropriate scope of discovery. The...more

Brazil Bill Implements New Provisions for International Data Transfers

The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil. The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more

Bust these 4 Myths on Your Next Document Review

Conducting an effective and efficient legal document review requires a hybrid of rocket science, brain chemistry and hot coffee. With ediscovery technology and best practices constantly evolving, if your document review...more

Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...more

Illinois Supreme Court Debates Anonymity of Internet Poster

In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to...more

Proportionality Depends on Parties Cooperating (Washington)

Johnson v. Allstate Property and Cas. Ins. Co., 2014 WL 7377198 (W.D. Wash. Dec. 29, 2014). In this insurance case, the plaintiffs made a motion to compel the search of 34 employee computers under the control of the...more

Rare Guidance on the Duty to Supplement Interrogatory Responses

One of the many things young lawyers are taught when preparing written responses to discovery is to reserve the right to supplement or amend the responses at a later date. Originally published in the Delaware Business...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Anticorruption Compliance: From Our Founding Fathers to the Present

The Foreign Corrupt Practices Act of 1977 (FCPA) prohibits making—or even offering to make—any corrupt payment to foreign officials to further business interests. However, concerns about corruption stem back to the times of...more

Wearable Technology: A Perfect Fit For Litigation [Video]

It has been said that technology made large populations possible and that large populations now make technology indispensable. The words of Joseph Wood Krutch, written in 1959, could not be more relevant today. ...more

LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

The Top Ten eDiscovery Developments of 2014 in the Mountain West and California

Over the past year, bar associations and courts throughout the country found themselves addressing more and more issues related to electronic discovery. The states where Lewis Roca Rothgerber has offices were no exception to...more

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