Civil Procedure › Privacy › Business Torts

Laying Foundation for Meta Data and Websites

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Raising Expert Testimony Standards

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

Development In Social Media Discovery

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

What Are Your Jurors Doing on the Internet?

Reconsider how you select a jury by considering these tips and statistics on how your potential jurors use the internet....more

What is a Non-disclosure Agreement?

A non-disclosure agreement (NDA) is an agreement between (at least) two parties, where one is the provider of the information that is to be protected and another is the receiver of the information. The non-disclosure...more

Third Party Discovery of Foreign Bank Records Should First Proceed Under the Hague Convention

Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of...more

EFF Challenges Subpoenas to ISPs for Identities of Anonymous Posters

On July 14, 2010, the Electronic Frontier Foundation (EFF), a group that defends the privacy and online rights of computer and Internet users, served a motion to quash two dragnet subpoenas issued by the plaintiffs in a...more

Hersh v. Cohen, et al.

Notice of Motion To Quash & Affirmation In Support of Motion To Quash

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Memorandum of Law In Support of Motion To Quash

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Subpoena Duces Tecum To Yahoo! Inc.

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

Hersh v. Cohen, et al.

Subpoena Duces Tecum To Google Inc.

EFF has served a motion to quash dragnet subpoenas that put privacy and anonymity at risk for the operators of dozens of Internet blogs and potentially hundreds of commenters. The subpoenas stem from a state lawsuit filed...more

A HIPAA Primer

A primer on the Health Insurance Portability and Accountability Act of 1996 (HIPAA)....more