Electronic Discovery Communications & Media

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2016 Updates to Ediscovery for Defendants Cheat Sheet

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Pokemon Go, a Scary Trend for any E-Discovery Practitioner

One word that I never thought would have any cultural relevance ever again, Pokemon. I remember the days when Nintendo was the “it" thing to have and Pokemon was at the forefront of that fad. But that was the 1990s, so when I...more

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks conviction; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

Discovery Request Found Not Proportional; Department Store Relieved from Production (Florida)

Douglas v. Kohl's Dep't Stores, Inc., 2016 U.S. Dist. LEXIS 54782 (M.D. Fla. Apr. 25, 2016) - In this consumer protection case, the plaintiff alleged that the defendant, a popular department store, violated the Telephone...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and...more

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

Government Can Fail to Preserve Too, Court Awards Sanctions (New Jersey)

United States v. Vaughn, 2015 WL 6948577 (D. N.J. Nov. 10, 2015) - In this criminal case, a pro se defendant sought to dismiss the indictment and other sanctions for the government’s failure to preserve text messages...more

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

E-Discovery and Information Management: Can Clicking "Like" Make or Break a Lawsuit? (12/15)

Virtually everyone uses social media to engage with family and friends, to follow politics and popular culture, and to conduct business. As social media use becomes increasingly engrained in American culture, businesses have...more

High Noon at the Train Station: Social Media and Modern E-Discovery

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

FCC Issues First Privacy Enforcement Action Against Cable Operator

In the third privacy-related enforcement action of the year, the FCC Enforcement Bureau entered into a $595,000 settlement with Cox Communications to resolve an investigation into the company’s loss of customer personal data....more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

Social Media and Practice: Questions Attorneys Should Ask Now

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

NIST seeks comments on Privacy-Enhanced Identity Brokers project document

The National Cybersecurity Center of Excellence, in partnership with the National Strategy for Trusted Identities in Cyberspace National Program Office, have launched a project designed to embed privacy and security measures...more

Social Media Is the Kardashians of E-Discovery

Now that Taylor Swift has supplanted Kim Kardashian West as the queen of Instagram with 50.6 million followers, will people stop talking about her and the rest of the Kardashian clan? Of course not. As of October 2015, Kim...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

Virtually Served in the Online World: The Intersection of Law and Technology

Look around the playing fields where children practice soccer or baseball, and you will see many parents checking their phones. However, opening Facebook Messenger may lead to more than an invite to this weekend’s...more

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