Civil Procedure Privacy Electronic Discovery

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Lawyers May Advise on Clients’ Social Media Clean-Up

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

E-Discovery Down Under

In Crocodile Dundee, a teenager approaches Michael “Mick” Dundee on the streets of New York, seemingly to ask for a light. As Mick complies, the kid pulls out a switchblade and demands his wallet. Though his date suggests...more

CorpCast Episode 5: The eDiscovery Big Picture [Video]

Many attorneys view eDiscovery as merely something they “have to do.” On Episode 5, we speak to Ian McCauley, Morris James’ eDiscovery coordinator about jettisoning this and other misconceptions about eDiscovery practice. ...more

Treading Beyond the Iota of Fear: eDiscovery of the Internet of Things

First came the Industrial Revolution. Then the Internet Revolution. And today we have made a firm step into the dawn of a third revolution called the ‘‘Internet of Things’’ or ‘‘IoT.’’ Or at least this is how IoT’s arrival...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...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

Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are...more

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

2014 E-Discovery Year in Review

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Status Updates - October 2014 #6

..Buy local. Facebook has just announced that it’s going to provide hyper-local advertising services for merchants who want to reach consumers in very specific geographic areas. This new feature reportedly will allow a...more

Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their...more

Behind the Great Firewall Of Ediscovery In Asia

When dealing with US requests for data subject to ediscovery rules in Asia, corporate counsel at multinational corporations must be on top of their game. Managing ediscovery in the United States alone presents a significant...more

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

7th Cir. Confirms Protections for Sealing Parties' Confidential Documents

A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v....more

Wearable Technology: A Perfect Fit For Litigation

It should come as no surprise that wearable technology and fitness trackers, such as Google Glass, the Jawbone UP, and the Narrative Clip are saturating the consumer market, and as a result, consumers are increasingly...more

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

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

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