Wearable Technology: A Perfect Fit For Litigation
Special Report: The Hot-ish Swag at LegalTech New York 2015
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
IP | Trend: Data in the Cloud is the Next Big Storm?
Data Privacy: The Next Frontier of Corporate Compliance
Two Tips for Inventors Filing Patent Applications
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Ralph Ferrara Discusses Private Securities Litigation at PLI
Safeguards against Data Security Breaches (Part Two)
LPOs Stealing Deal Work from Law Firms
Three Key Data Retention Questions
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
5 Things to Consider When You Are Served with a Lawsuit
So your client has been involved in motor vehicle collision. Now what? Whether representing a plaintiff or a defendant in a crash, preserving all potentially relevant evidence is an obvious first concern. What may not be so...more
Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015).
In this appeal from a defamation case, the plaintiff sought the reversal of sanctions imposed by the district court. At trial, the plaintiff sought damages...more
Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014).
In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more
What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more
Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014).
In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the...more
Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in...more
In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to...more
On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s...more
Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery...more
On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more
A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more
Acknowledging increasing difficulties associated with maintaining large volumes of electronic information in today's digital age, the Texas Supreme Court recently issued its opinion in Brookshire Bros. v. Aldridge. The...more
In November, 2013, a 20 year old woman, Kayla Mendoza, allegedly drove between 84 and 96 miles per hour the wrong way down a Florida highway. Her car allegedly collided with the car of Kaitlyn Ferrante and Marisa Catronio,...more
One author's view on how to determine the answer that may surprise you....more
Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more
In oral argument, a litigator has very limited time—she needs to hit the
high points and move on. She must communicate enough information
to convince the judge or jury of her argument, yet must avoid getting
Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text...more
Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013).
In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more
Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more
It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more
We are in the midst of a big data explosion. E-discovery, metadata, black box data, cell phone records, social media … the list goes on and on. Last Friday at the American Board of Trial Advocates (ABOTA) Masters in Trial in...more
On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand in the case of Debra Coito v. State of California. The order requested that the following issues to be...more
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
Part Two in a multi-part series on the topic.
In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more
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
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