Communications & Media Civil Procedure Electronic Discovery

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

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

Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

In the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after...more

Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new...more

Social Media — The Possibilities Are Endless!

Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more

U.S. Courts’ Evolving Approaches to Social Media E-Discovery

Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing...more

Business Litigation Reporter - March 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...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

Smartphones Can Be An E-Discovery Gold Mine Or Sinkhole

The Florida Supreme Court recently considered the data storage capability of a smartphone in the context of a Fourth Amendment search and seizure case. ...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

Bring Your Own Device (BYOD) and the Future of Ediscovery

In an instant, your Facebook presence is transformed…instead of uploading those photos from that party last night, you click “like” on that distant family member’s baby pictures. Instead of angrily posting on that political...more

Top 5 Ediscovery Case Summaries – June 2013: Texas - Mere Facebook Friendship Does Not Amount to Impartiality by Judge

Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In this appeal of an assault conviction, the defendant argued that a Facebook friendship and Facebook communications between the trial judge and the...more

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Top 5 Ediscovery Case Summaries – May 2013: New Jersey - Sanctions Granted for Social Media Spoliation

Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013). In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more

E-Discovery Of Digital Images And Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

How To Navigate Social Media Discovery In New York

With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of...more

Court Determines Requests for Defendant’s Social Media Posts Were Overly Broad

On September 7, 2012, the U.S. District Court for the Central District of California determined that a majority of a Defendant’s discovery request were not reasonably calculated to lead to the discovery of admissible evidence...more

Social Media and Discovery: New Technology, but the Old Rules Still Apply

Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more

Don’t Forget Social Media During Discovery

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

to Avoid Litigation Penalties, Why Data Retention Policies After #SocialMedia are a Must

Social media is business media. In 2012, everything from Twitter to Facebook are no longer relegated to the fringe of personal vanity projects. And to wit, company PR, HR, R&D, and every other conceivable department, has...more

The Legal Four Corners Of Social Media And E-Discovery For Businesess

Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a 2010 study, numbers on the conservative side show that 65% of Fortune Global 100 companies have...more

IP Update, Vol. 15, No. 4, April 2012

In This Issue: - Patents *Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 *To Quote Mark Twain, “Reports of My (Inequitable Conduct) Death Have Been Greatly...more

Incontestable - December 2011/January 2012

In this issue: Ascentive, LLC v. Opinion Corp., 2011 WL 6181452 (E.D.N.Y. Dec. 13, 2011); L.F.P. IP, Inc. v. Hustler Cincinnati, Inc., 2011 WL 5024356 (S.D. Ohio Oct. 20, 2011); Marketquest Group, Inc. v. BIC Corp., 2011 WL...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

34 Results
|
View per page
Page: of 2

Follow Communications & Media Updates on: