Criminal Law, Civil Procedure, Electronic Discovery

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

by Sean Gajewski, James G. Ryan | Cullen and Dykman LLP on 3/7/2013

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

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

Spoliation of ESI Risks Criminal Prosecution

by Fenwick & West LLP on 10/11/2011

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 Jeff Ifrah on 6/20/2011

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

by Sutherland Asbill & Brennan LLP on 10/22/2010

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 10/5/2010

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 3/18/2010

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 12/14/2009

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 10/16/2008

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 8/26/2008

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 5/23/2005

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