Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
Jason Maloni on Data Security
Safeguards against Data Security Breaches (Part Two)
LPOs Stealing Deal Work from Law Firms
Three Key Data Retention Questions
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
5 Things to Consider When You Are Served with a Lawsuit
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
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
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
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
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
Brief in opposition to several motions in limine brought by defendant in this action. ...more
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
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
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
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
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
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
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
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
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
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
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
Electronically Stored Information, Preservation, Zubulake, New York 1st Department...more
Reconsider how you select a jury by considering these tips and statistics on how your potential jurors use the internet....more
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
Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of...more