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Electronic Discovery Civil Procedure Labor & Employment

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

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

Exploring the Limits of Compliance With a Data Subject Access Request

by Faegre Baker Daniels on

Holyoake v Candy and another [2017] EWHC 52 (QB) saw the U.K. High Court look into the issue of compliance with a data subject access request (DSAR). The parties in this case were already involved in high-value court...more

[Event] Corporate Counsel Conference - May 3-5, Chicago, Illinois

by Jackson Lewis P.C. on

During this unique conference, we will explore the workplace of tomorrow with live technology demonstrations and in-depth, collaborative presentations and workshops....more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

by CloudNine on

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

[Webinar] Class Actions and Complex Litigation Webinar Series - Cutting Edge Strategies For E-Discovery In Class Actions, Jan....

by Jackson Lewis P.C. on

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Party’s Willful Destruction of Data Did Not “Optimize” the Case for Dismissal

by Zapproved Inc. on

Ericksen v. Kaplan Higher Educ., LLC, No. RDB-14-3106, 2016 WL 695789 (D. Md. Feb. 22, 2016). Where a plaintiff “willfully [ran] a computer program that she knew, given her computer expertise, would destroy at least some...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

E-Discovery Update: Working 9 to 5 and Proving It

by McGuireWoods LLP on

Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

Further Assistance to Help Rein In Employee Lawsuits: Key Amendments to Court Rules on Discovery in Litigation

On December 1, 2015, several amendments to the Federal Rules of Civil Procedure took effect. While some changes are rather minor, others are expected to have a significant impact on litigation in federal court. Lawyers have...more

Best Practices: Keeping Corporate Communications Professional And Out Of The Courtroom

by McManis Faulkner on

Corporate communications occur primarily electronically. It is important for companies to ensure these communications stay where they belong — within the company, not broadcast in a courtroom where a judge or jury can inject...more

Data Subject Access Requests

by Faegre Baker Daniels on

A number of individuals made a data subject access request (DSAR) to a law firm for disclosure of all data held about them. It was accepted that the DSAR was made in the context of litigation, with a view to obtaining early...more

Business Litigation Alert: "Deflategate and Litigation - Lessons for Businesses"

by Porter Hedges LLP on

Whether or not you’re a New England Patriots fan, the news about “Deflategate” seemed to be everywhere, along with opinions regarding the severity (or lack thereof) of the punishment. ...more

It May Be A Lawyer Doing Work At A Law Firm…But Don't Call It 'Legal Work'

by Hinshaw & Culbertson LLP on

As e-discovery issues abound, the increased number of contract lawyers combing through massive document productions for privilege and relevance has developed into a cottage industry in the past decade. Companies helping law...more

Necessary Ingredients for Sound Legal Holds

by Arnall Golden Gregory LLP on

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Amendments to Federal Rules of Civil Procedure: Is the Discovery Problem Solved?

by Faegre Baker Daniels on

Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect...more

New Technologies Test the Limits of the Duty to Preserve, Collect and Produce Information in Civil Discovery

by Morrison & Foerster LLP on

While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

E-Discovery Update: When Personal and Work Data Collide

by McGuireWoods LLP on

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

When Personal Email Is Serious Business

by Butler Snow LLP on

Hillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State. Mrs. Clinton apparently exclusively (or nearly exclusively) used her personal email account while...more

Annual Report On EEOC Developments: Fiscal Year 2014

by Littler on

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

California Employment Law Notes

by Proskauer Rose LLP on

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

by Snell & Wilmer on

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

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