Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
The Growing Role of Social Media in Litigation and How to Prepare for It
Safeguards against Data Security Breaches (Part Two)
Information Governance Quickly Coming to the Forefront for Corporations—Recommind’s Nick Patience
Demands of E-Discovery Technology Drives the Creation of New Software
Predictive Coding’s ROI Outpaces Other Processes Even As Technology Costs Rise
Technology and the Law Come Together at Raytheon—Woods Abbott
An E-Discovery Litigator’s Perspective on LegalTech New York 2013
LPOs Stealing Deal Work from Law Firms
How Corporations Are Using Technology to Manage Costs of Discovery
Information Governance Will Replace Predictive Coding As Biggest Trend in E-Discovery—Judge Peck
Proportionality: Why Considering Value of Case Is Important in Discovery—Judge Baylson
Three Key Data Retention Questions
Social Media Workplace Policies
How Lawyers Can Navigate the Current Messy State of EDiscovery
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
When your Boss is spying on You at Work
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
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
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
In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more
Employees should be put on notice – there is no special privacy protection for email sent or received using an employer’s devices....more
This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more
The People of the State of New York, v. Malcolm HARRIS, –N.Y.S.2d–, 2012 WL 1644956 (N.Y. City Crim.Ct. May 7, 2012) On May 15, 2012, we discussed a New York criminal court’s decision to deny Defendant Malcolm Harris’...more
A former engineer for BP has been arrested and charged with obstruction of justice for deleting text messages related to how much oil was flowing into the Gulf of Mexico from the Deepwater Horizon spill in the spring of 2010....more
On April 5, the Nevada Supreme Court held that a lower court abused its discretion when it admitted text messages absent sufficient evidence corroborating the identity of the sender. Rodriguez v. Nevada, No. 56413, 2012 WL...more
The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal...more
When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more
This Article addresses the evidentiary hurdle of authenticating social-networking evidence, a novel legal issue confronting courts today. The Article explains and critiques four approaches used by different jurisdictions,...more
A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery (“eDiscovery”) process stakeholders. Effective collaboration is needed among...more
Affirming that issues concerning electronically stored information (ESI) are confined neither to civil matters nor private-party litigants, a federal district court this month ordered prosecutors to reproduce discovery in a...more
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the...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
In this issue: The Vivendi Ruling: Revisiting Three Key Issues (and Adding Two More); Delaware Chancery Court Update: Recent Decisions Shed New Light on Stapled Financing Offered by Financial Advisors, Duties of Directors...more
The incidents of war happened in the real world is mirrored in cyber space, given the recent incidents of hacking of government websites by state or non state group of hackers for political, military, espionage purposes. As...more
The Courtroom and DMV generally represents a hostile environment to the needs of persons accused of a DUI. This is particularly true for persons whose careers depend on maintaining a valid driver's license. A commercial...more
Our bi-monthly newsletter for attorneys featuring articles re: ACFE report highlighting the importance of antifraud controls; Authentication issues: Who creates ESI; Rule 26 Amendments extending greater work product...more
Despite the ubiquity of electronic discovery issues since the inception of the electronic age, courts historically have provided counsel with little guidance regarding discovery duties and sanctions upon lapse of those...more
The good news is that, motivated by concern—even fear—of being victimized by fraudsters whose exploits have been gaining increasing media attention in recent years, many organizations are finally investing in the...more
6 October 2010 –Former Société Générale trader Jérome Kerviel was found guilty of breach of trust, computer abuse and forgery by a Paris court on Tuesday for his role in a trading scandal that cost the bank close to €5bn...more
A Magistrate Judge for the U.S. District Court in Maryland imposed heavy sanctions on a litigant last week after finding he had intentionally destroyed electronic evidence in defiance of repeated orders not to do so. In an...more
Reported by: Darius Champion, special correspondent to Project Counsel and Gregory P. Bufithis, founder and chairman of Project Counsel 23 June 2010 — We have had the good fortune these last two weeks to be following the...more
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
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