Electronic Discovery › Constitutional Law

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

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

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

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Acted With Substantial Justification

Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to...more

"I Declare, It Is Necessary"

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

McAfee & Taft RegLINC: Supreme Court prohibits federal common law nuisance suits seeking limits on carbon dioxide emissions By...

By a vote of 8 – 0, the United States Supreme Court recently ruled that congressional delegation of authority to EPA to regulate pollutants under the Clean Air Act (“Act”) speaks directly to regulation of carbon dioxide...more

Why Aren't You Using Requests For Admissions

If you are like most lawyers, you are using the typical discovery devices to gather up all your information--form interrogatories, special interrogatories, requests for production of documents, and of course the deposition...more

Changes Come to Confidentiality of Florida Court Filings

As the judicial branch transitions toward acquiring, maintaining, and distributing court records electronically, the Supreme Court of Florida has viewed the confidentiality of a narrow set of records as a...more

Smith v. Trailer Estates Park and Recreation District

Final Judgment in favor of Trailer Estates Park and Recreation District

The attached Final Judgment in favor of my client, Trailer Estates Park and Recreation District, was entered by the Court following a seven (7) day non-jury trial. The Court found in favor of Trailer Estates Park and...more

THERE IS NO REAL PRIVACY ON FACEBOOK AND OTHER SOCIAL NETWORKS

If you get sued in court, will your Facebook privacy settings protect you from opposing counsel’s request for electronic discovery? If that information is material and necessary for the opposition’s case and the...more

City of Ontario v. Quon

Supreme Court Decision in Quon

The search of the police officer’s text messages was reasonable, and therefore the officer’s Fourth Amendment rights were not violated. "Even if Quon had a reasonable expectation of privacy in his text messages,...more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more

Don’t Text & Drive…but Can the Police Search Your Cell Phone at the Traffic Stop?

If someone is stopped for breaking a Hands Free law, an interesting question is whether the police can do a warrantless search of the cell phone....more

Extra! Extra! No Tweeting in Court!

In United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v. Shelnutt,...more

An Email State of Mind: Confessions of an Online Fraudaholic

A criminal Defendant challenged the admission of customer email messages from the trial as they “were hearsay and that their admission was highly prejudicial and violated the spirit of the Confrontation Clause of the Sixth...more

Measure for Measure: Sexting, District Attorneys and Restraining Orders

The case Miiller v. Skumanick, 2009 U.S. Dist. LEXIS 27275 (M.D. Pa. Mar. 30, 2009) is the story of a temporary restraining order being issued against a District Attorney from charging multiple teenage girls for felony child...more

Allan Webster v. Joseph Albero

Pre-Trial Memorandum

A blogger who operates a website that reports and comments on local news developments was sued for defamation by the Chief of Police of the City of Salisbury, Maryland. The Plaintiff (the Chief of Police) sought discovery of...more

In Re: National Security Telecommunications Records Litigation

Class Action: Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points & Authorities in Support of...

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National...more

Jason O'Grady, Monish Bhatia, & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Petitioners & Non-Party Journalists Jason O'Grady, Monish Bhatia, and Kasper Jade's Reply to Apple Computer, Inc.'s Opposition

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

John Doe v. 2TheMart.com, Inc.

Reply Memorandum In Support Of Motion To Quash

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

InfoSpace, Inc.'s Memorandum In Response To Motion Of Doe To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Defendant's Brief In Opposition To Motion Of John Doe To Proceed Under Pseudonym

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Order Granting Doe's Motion To Proceed Under Pseudonym And To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Memorandum In Support Of Motion To Quash Subpoena Issued To Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Motion of J. Doe to Quash Subpoena Issued to Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more