Electronic Discovery Business Torts

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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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

Laying Foundation for Meta Data and Websites

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Three Key Data Retention Questions [Video]

Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

E-Discovery Litigation Holds

Preserving company E-mail that may be relevant in litigation is important for every business. Failure to do so can open a company to liability for breaching the duty to preserve evidence. Sending a notice to employees who...more

E-Discovery Guidelines Coming To A Court Near You

New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more

Development In Social Media Discovery

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

California Electronic Discovery Act: Part Two

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

Development In Social Media Discovery

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

California Electronic Discovery Act

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

California Electronic Discovery Act

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

We've been sued! Now what? A guide to handling business litigation

By William S. Cherry, III A 2010 litigation trends survey warns, “Companies Expect More Litigation.” Federal statistics indicate that the number of employees suing employers rose 35% from 2007 to 2011. A study conducted...more

Non-competes in the Electronic Workplace Solicitation in the Age of Social Media

Prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section Mid-Winter Meeting by the Non-Competition, Trade Secrets, Proprietary Information, and Duty of...more

Non-competes in the Electronic Workplace Solicitation in the Age of Social Media

Paper prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section Mid-Winter Meeting by the Non-Competition, Trade Secrets, Proprietary Information, and...more

NY's 1st Department Adopts Zubulake's ESI Preservation Requirements

Electronically Stored Information, Preservation, Zubulake, New York 1st Department...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

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more

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