Electronic Discovery | JD Supra Legal News, Updates, Analysis, & Information

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on 8/31/2011

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 McAfee & Taft on 7/5/2011

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

by Katherine Gallo, Esq. on 2/1/2011

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

by Lawrence Kolin on 1/31/2011

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

by Kurt Lee on 11/4/2010

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

by Darren Heitner on 10/19/2010

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

by Doug Cornelius on 6/17/2010

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

by Michael D. Scott on 6/8/2010

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?

by Joshua Gilliland on 11/11/2009

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!

by Joshua Gilliland on 11/7/2009

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

by Joshua Gilliland on 7/3/2009

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

by Joshua Gilliland on 5/9/2009

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

Fourth Amendment and Technology

by Darren Chaker on 1/1/2008

I attend several conferences a year to maintain certification in computer forensics. This is a very in depth resource concerning the law and electronic information. Best to all, Darren Chaker, CounterForensics.com ...more

Allan Webster v. Joseph Albero

Pre-Trial Memorandum

by Bruce Bright on 11/27/2007

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...

by Electronic Frontier Foundation on 9/20/2007

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

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Electronic Discovery – May 24, 2012

Narrowed by: Constitutional Law