Electronic Discovery, Communications & Media Law

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Weekly eDiscovery Top Story Digest - May 1, 2013

by Rob Robinson on 5/1/2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Defendants Want Social Media, Plaintiffs Want E-Discovery

by Christopher Hopkins on 3/28/2013

In civil discovery, defense lawyers are seeking plaintiff's social media (meanwhile, a defendant-corporation likely has little social media to worry about). BUT, plaintiffs are seeking defendant's e-discovery (which the...more

E-Discovery Of Digital Images And Video

by James G. Ryan | Cullen and Dykman LLP on 3/11/2013

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

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

Ethics of Social Media - PowerPoint Presentation

by Nicole Hyland on 1/28/2013

Today, I gave a CLE presentation at the New York City Bar Association about the ethics of lawyers using social media. This is the PowerPoint presentation for the program. ...more

How To Navigate Social Media Discovery In New York

by James G. Ryan | Cullen and Dykman LLP on 1/22/2013

With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of...more

What the Pateaus Scandal Tells Us About Email Privacy

by Christopher Hopkins on 1/10/2013

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

E-Discovery Litigation Holds

by Robert Freedman - Partner at Tharpe & Howell,... on 12/21/2012

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

What Does A Child Pornography Case Tell You About Computer Evidence?

by Christopher Hopkins on 11/28/2012

What Does a Child Pornography Case Tell You About Computer Evidence? was published in the November 2012 Palm Beach Bar Bulletin and discusses the recent United States v. Seiver case as well as the simple steps for lawyers,...more

Development In Social Media Discovery

by Peter Bauman - Senior Associate at Tharpe &... on 10/30/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 10/23/2012

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

Technology: We Have Met the Enemy, and He is Us

by Armstrong Teasdale LLP on 10/12/2012

In a prior column, we discussed the inevitability of technology-related accidents occurring at virtually every company. One particularly common mishap is the loss of customer, client or employee data. These data breaches may...more

Unfiltered Orange | Weekly eDiscovery News Update – October 10, 2012

by Rob Robinson on 10/10/2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Court Determines Requests for Defendant’s Social Media Posts Were Overly Broad

by Cullen and Dykman LLP on 10/8/2012

On September 7, 2012, the U.S. District Court for the Central District of California determined that a majority of a Defendant’s discovery request were not reasonably calculated to lead to the discovery of admissible evidence...more

Social Media Wins — and Loses — Family Law Cases

by Lawyers.com on 10/5/2012

The ubiquity of social media is proving to be a goldmine of evidence — but not just for cops and prosecutors. Social media is has begun playing an increasingly important role in family law cases. While it might be...more

Unfiltered Orange | Weekly eDiscovery News Update – October 3, 2012

by Rob Robinson on 10/3/2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Social Media and Discovery: New Technology, but the Old Rules Still Apply

by Miller Canfield on 9/30/2012

Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more

In-House Counsel in the Cloud Can You Trust Online Storage

by Christopher Hopkins on 9/26/2012

This article explains to in-house corporate counsels the risks, benefits, and issues to investigate regarding cloud storage of data....more

Revised Cyber Security Act 2012

by Robert Freedman - Partner at Tharpe & Howell,... on 9/25/2012

Congress has been struggling with cyber security issues for several years, most recently in connection with the Cybersecurity Act of 2012 (CSA2012). CSA2012 is an attempt to protect the nation’s critical infrastructure...more

California Electronic Discovery Act: Part Three

by Peter Bauman - Senior Associate at Tharpe &... on 9/24/2012

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

Don’t Forget Social Media During Discovery

by Miller Canfield on 9/20/2012

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

Technology: 5 key cloud computing concerns

by Armstrong Teasdale LLP on 9/14/2012

In part one of this series, we discussed the issues of security, interoperability and vendor lock-in issues in cloud computing contracts. In this installment, we will discuss the five issues of regulatory compliance,...more

to Avoid Litigation Penalties, Why Data Retention Policies After #SocialMedia are a Must

by Wahab & Medenica LLC on 9/4/2012

Social media is business media. In 2012, everything from Twitter to Facebook are no longer relegated to the fringe of personal vanity projects. And to wit, company PR, HR, R&D, and every other conceivable department, has...more

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Electronic Discovery › Communications & Media Law