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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Data Breaches and the Significance of Outside Counsel

by Hodgson Russ LLP on

On May 18, 2017, the Central District of California joined two other district courts (D. Minn. and M.D. Tenn.) in holding that forensic reports resulting from a data breach investigation, conducted at the direction of...more

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

by Ballard Spahr LLP on

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more

Social Media and Practice: Questions Attorneys Should Ask Now

by Robins Kaplan LLP on

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

by BakerHostetler on

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

Another Invalidated Clickwrap Agreement

by Holland & Knight LLP on

The foremost case dealing with whether “wrap agreements” (e.g. clickwrap, shrinkwrap and browsewrap) are legal is almost 13 years old. See Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002). And yet, a new case...more

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

by Cozen O'Connor on

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s...more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

by Butler Snow LLP on

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

Lawyers Should Turn Off "Sent From My [Smartphone]"

by Christopher Hopkins on

Lawyers are fond of their smartphones and tablets but slow to realize the potential harm of those automatic signature lines such as "sent from my iphone." This article from the July / August 2011 Palm Beach Bar Bulletin...more

Considering the Ethical Challenges in eDiscovery - Overview with Tom O'Connor

by Rob Robinson on

Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation...more

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