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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

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

Socially Aware: The Social Media Law Update - Vol. 2, Issue 5 - October 2011

In this issue: NLRB Report Provides Guidance to Employers on Social Media Issues; Rough Waters: Repeat Infringer Policies and the DMCA Safe Harbors; What Every Company Should Know About E Discovery and Social Media; CDA...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

Bullex v. Jinhak Yoo

Bullex v. Yoo US District Court Utah 2:10-cv-00668-TC

U.S. District Court Allows Email Service Of Foreign Resident. Last week the U.S. District Court for the District of Utah allowed a plaintiff to serve his complaint and summons by email upon the defendant, a resident of South...more

Social Media and E-Discovery: How to Win Friends and Preserve Your Data (and Your Dignity)

During litigation, nothing is sacred, and no stone will remained unturned in the hunt for responsive data — and that includes social media data. With social media here to stay — and growing in popularity every day — the...more

E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses

Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a study last year, so the numbers are already on the conservative side, 65% of Fortune Global 100...more

Considering the Ethical Challenges in eDiscovery - Overview with Tom O'Connor

Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation...more

Conference Review: ALM's Social Media: Risks & Rewards - E-Discovery & Social Media

The third session of ALM's Social Media: Risks and Rewards conference focused on social media's impact on e-discovery, and was presented by Michael Lackey, Jr. a partner at Mayer Brown LLP. Lackey started with an overview...more

Wake up call - a failure to comply with your obligations in respect of Electronic Disclosure could prove extremely costly

As part of a periodic series of updates on legal developments on the use of electronic evidence, Michael Axe looks at a recent English High Court decision that will have far reaching consequences for all parties involved in...more