Civil Procedure, Privacy, Electronic Discovery

Laying Foundation for Meta Data and Websites

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

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

by Justin Capuano | Cullen and Dykman LLP on 2/20/2013

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

by Benjamin Dryden, Adam Losey | Foley & Lardner LLP on 1/29/2013

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

by Angela Bosworth on 1/21/2013

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

by Robert Freedman - Partner at Tharpe & Howell,... on 12/4/2012

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

by Kaiser Legal Group on 5/23/2012

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

by Proskauer - Privacy & Data Security on 2/21/2012

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

by James Sherer on 1/31/2012

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?

by Christopher Hopkins on 12/31/2011

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

by Daniel Strigberger on 12/15/2011

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

by Daniel Strigberger on 12/14/2011

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

by Dechert LLP on 11/22/2011

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

by Dechert LLP on 11/21/2011

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]"

by Christopher Hopkins on 8/1/2011

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

by Christopher Hopkins on 8/1/2011

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...

by James Sherer on 7/1/2011

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