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
Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more
Two recent employment discrimination cases, though differing in their outcomes, make it clear to litigants that information posted on social networking sites (“SNS”) is fair game.
In S2 Automation v Micron Technology, Mircron served S2 with interrogatories and document requests that became the subject of Micron's motion to compel. The motion to compel covered several issues, including Micron's request...more
The ABA Pretrial Practice & Discovery Committee, from its Section of Litigation, has published its Spring 2012 newsletter (Vol. 20, No. 3), which included an article authored by Raymond P. Ausrotas titled “Discoverability of...more
The U.S. District Court for the Southern District of New York last week denied defendants Rajat Gupta and Raj Rajaratnam’s motion to compel documents concerning settlement negotiations between the Securities and Exchange...more
Edward Rezek was charged in Orange County Superior Court with delaying or obstructing a police officer in the performance of his duties (Penal Code § 148 (a) (1)) and vandalism (Penal Code § 594 (a)), both misdemeanors....more
To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted...more
In a ruling of first impression, the Federal Circuit confirmed that settlement negotiations related to reasonable royalties and damage calculations are discoverable. The Court rejected plaintiff MSTG, Inc.’s argument that...more
On February 22, 2012, a hearing officer of the Bureau of Special Education Appeals (BSEA) , (Massachusetts), held that a public school district need not produce copies of evaluations and assessments of classmates of the...more
In a recent decision, the Federal Court of Appeal left open the possibility that the discoverability principle may apply to the two-year limitation period established for private actions under section 36 of the Competition...more
In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc, has ruled in Barrick v. Holy Spirit Hospital1 that communications between an attorney and his or her expert witness are not...more
This past week the news reported the story of a judge in Connecticut who ordered both parties in a child custody dispute to give each other their Facebook passwords. The judge made this order so they each could look for...more
If you're like most individuals who frequent social networking sites like MySpace and Facebook, you probably believe that adjusting your privacy setting to "private" means that nobody will have access to your webpage without...more
Effective December 1, 2010, FRCP 26(b)(4)(C) protects communications between a party's attorney and expert witnesses who must provide a report pursuant to FRCP 26(a)(2)(B). Communications are discoverable only where they...more
In the United States, the “work-product” doctrine ensures that attorneys can effectively prepare for litigation and trial by protecting their notes, preparatory materials, and internal analyses from discovery. The Supreme...more
Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents"
Party A sues Party B alleging wrongful termination, pay...more
It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses...more
Addressing an issue of first impression in Pennsylvania, the Pennsylvania Superior Court recently concluded that an attorney's communications with a testifying expert are discoverable. This important decision puts...more
On May 26, a federal court issued an opinion in a discovery dispute that applies outmoded federal electronic privacy laws from the 1980s to Facebook and MySpace. The ruling could permanently change the way "social networking"...more
In state court actions, and diversity actions controlled by California law, discovery into the plaintiff’s financial condition is appropriate under both Fed R Civ P 26(b)(1) and CCP § 2017.010, where the plaintiff’s claims...more
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