Electronic Discovery Labor & Employment Civil Procedure

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

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....

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

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

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

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

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"

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'

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

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?

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

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

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

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

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

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

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

Effective Discovery Requires Effective Communication

As the Southern District of Ohio recently noted in Brown v. Tellermate Holdings Ltd., “[t]here may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the...more

Brown v. Tellermate: Cloud-based Data and E-discovery

According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool...more

Want to Arbitrate Employee Disputes? Keep Your Paperwork!

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate...more

Delaware Supreme Court Permits Stockholders to Overcome Corporation’s Attorney-Client Privilege for “Good Cause”

On July 23, 2014, the Delaware Supreme Court in Wal-Mart Stores, Inc. v. Indiana Elec. Workers Pension Trust Fund IBEW held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a...more

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