Civil Procedure Privacy Electronic Discovery

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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

A Hurdle To Obtaining Electronic Evidence

While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

Practical Tips for APAC Ediscovery

In our ever-shrinking, interconnected world, it is imperative that legal practitioners establish expertise in international ediscovery law. One of the most dramatic evolutions in ediscovery is occurring in the Asia-Pacific...more

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

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Court Allows Discovery of Private Posts on Facebook

Facebook is a seemingly endless source of juicy intel. As such, I always recommend that users lock down their privacy settings if they want to keep “the man” out of their timeline. Public posts are fair game for employers...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

Making Your Online Evidence Usable in the Courtroom by Michael Kaiser, Kaiser Legal Group

Presented by Michael Kaiser of the Kaiser Legal Group at the Seattle Continuing Legal Education seminar (CLE) "Everything You Don't Know About E-Discovery (But Wish You Did)." The CLE was held at the Washington State...more

R-E-S-P-E-C-T, Cross-Border E-discovery

Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges”...more

Bloomberg Law Q&A with Information Lawyer James Sherer

James Sherer, a partner at Redgrave LLP, was asked by Bloomberg Law to address some questions surrounding Information Law, a relatively new and dynamic field that incorporates many diverse practice areas, including...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

Facebook No Friend of Yet Another MVA Plaintiff

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more

Facebook No Friend of MVA Plaintiff

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more

E-Discovery For Defendants Cheat Sheet

After getting the latest favorable Facebook discovery decision in Largent v. Reed, and seeing that Largent cited to a recent New York case that we didn’t know about, we’ve come to the (probably belated) conclusion that the...more

Another Excellent Facebook E-Discovery Opinion

Here's a rarity for us - two e-discovery posts in a row. This one's about another of our favorite topics, e-discovery for defendants. We've just been gifted with (thanks, Dan) a downright scholarly opinion on the...more

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

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

Using iPhone Location Data in Discovery

This article explains how lawyers can obtain and use the location data of a party's or witness' iPhone in civil suits. While this has been talked about, this is the first (known) article to explain the technology as well as...more

Social Media, Cloud Computing and European Philosophy: An Examination of Proposed Amendments to Directive 95/46/EC and Their...

On November 4, 2010, the European Commission released a proposal for "a comprehensive approach on personal data protection in the European Union" (the "Proposal") which would modify current Directive 95/46/EC of the European...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

Facebook Defence - 1,500 Pages Sought - Personal Injury Lawsuit - Part 5

Three Facebook and MySpace accounts were sought just one month prior to Trial. Motion denied, with leave not being granted to bring this motion after service of the Trial Record. ...more

Facebook Defence - Give Me Access! - Personal Injury Lawsuits - Part 4

Plaintiff's Facebook profile, title "The Jill Murphy Fan Club" had 366 "friends". Plaintiff sought damages for fibromyalgia and TMJ disorder and put her pre-accident activities into evidence. Facebook disclosure ordered. ...more

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