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Criminal Law Civil Procedure Electronic Discovery

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Google Again Ordered to Produce Internationally Stored Data: eDiscovery Case Law

by CloudNine on

In the case In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017), California Magistrate Judge Laurel Beeler, noting that the “SCA regulates disclosure of data...more

E-Discovery Lessons from the State Investigation of Alabama Governor Robert Bentley

by Exterro, Inc. on

From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out...more

White House Allegedly Purges Electronic Devices after Order to Preserve Data: An E-Discovery Teachable Moment

by Exterro, Inc. on

According to an article published in the Independent, allegations have arisen surrounding “White House officials and members of Donald Trump’s transition team…reportedly ‘purging’ their electronic devices to avoid being...more

Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law

by CloudNine on

In Shawe v. Elting, Case No. 487, 2016 (Supreme Court of Delaware, Feb. 13, 2017), the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions...more

“Legalweek, The Experience” 2017 is One Week From Today!: eDiscovery Trends

by CloudNine on

What is “Legalweek, The Experience”, you say? LegalWeek is LegalTech New York, along with six other “events-within-an-event” that will be going on next week in New York at the New York Hilton Midtown, starting next Tuesday,...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

by Butler Snow LLP on

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas...

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the...more

At the Intersection of Technology and Law: Recent High Court Rulings Related to Social Media.

by Pessin Katz Law, P.A. on

Once Again at the Intersection of Technology and Law: Maryland’s Court of Appeals Elaborates on Authentication of Documents Related to Social Media. “The rapid rise of social networking websites, themselves a branch...more

Behind the Great Firewall Of Ediscovery In Asia

by Conduent on

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

Business Litigation Alert: "Did They Really Say That?"

by Porter Hedges LLP on

E-Mails Continue to Be the Modern "Smoking Gun" - The recent financial-collapse and bankruptcy of former mega-law firm Dewey & LeBoeuf has captivated the attention of the legal industry, but are there lessons to be...more

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

by Foley & Lardner LLP on

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

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

by Foley & Lardner LLP on

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

Spoliation of ESI Risks Criminal Prosecution

by Fenwick & West LLP on

A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery (“eDiscovery”) process stakeholders. Effective collaboration is needed among...more

Good-Faith Rule Applies to Document Destruction

by Ifrah PLLC on

Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the...more

Finding Guidance on Electronic Discovery from the Court

Despite the ubiquity of electronic discovery issues since the inception of the electronic age, courts historically have provided counsel with little guidance regarding discovery duties and sanctions upon lapse of those...more

Victor Stanley v. Creative Pipe: New Breakthrough Opinion Sheds Light on Serious Dangers of Destroying Electronic Evidence

by Miller & Martin PLLC on

A Magistrate Judge for the U.S. District Court in Maryland imposed heavy sanctions on a litigant last week after finding he had intentionally destroyed electronic evidence in defiance of repeated orders not to do so. In an...more

South Africa publishes issue paper on electronic evidence in criminal and civil proceedings

by The Posse List on

The South Africa Law Reform Commission has approved the publication of its Issue Paper on “Electronic Evidence in Criminal and Civil Proceedings: Admissibility and Related Issues” for general information and comment. The...more

Proving Conspiracies with Electronically Stored Information

by Joshua Gilliland on

Civil discovery and criminal prosecutions will continue to find text messages, emails or social networking status messages as the smoking gun evidence. Lawyers must consider the broader scope of discovery that includes these...more

Bureau on National Affairs article - Federal Evidence Rule 502

by Elvin Garry Grundy, III on

This article was published in the Bureau of National Affairs in the Digital Discovery & E-Evidence Report. It treats new Federal Evidentiary Rule 502....more

Attorney Client Renaissance

by Elvin Garry Grundy, III on

Now a few years old, new Federal Evidence Rule 502 protects against inadvertent disclosures and could not be more important for litigators responsible for vetting massive amounts electronic information in response to...more

Know and Avoid the Minefields and Booby Traps (Engaging Valuation Expert Witnesses)

by Pamela Woldow on

Litigators face numerous challenges in engaging and preparing valuation experts. This article discusses approaches to avoiding those minefields....more

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