Criminal Law Electronic Discovery Civil Procedure

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Behind the Great Firewall Of Ediscovery In Asia

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?"

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

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

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

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

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

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

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

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

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

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

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

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)

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

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