BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more
Attorneys and clients must collaborate to ensure compliance with litigation holds and evidence-preservation orders. In Marcone APW, LLC v. Servall Company (Sup. Ct., Erie Cnty., Index No. 2010-7257), Phillips Lytle...more
A look back on 2013 reveals that one reform enacted under the America Invents Act – Patent Office Litigation – has perhaps had the most immediate and dramatic impact. While many predicted that Inter Partes Review (IPR)...more
On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more
On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more
Our social media posts reveal a lot about us and, while there are control mechanisms for keeping information private, there is a wealth of information readily discoverable. This makes the Internet fertile ground for lawyers...more
2013 for ediscovery “was a very good year.” The courts’ unified message was simple (showing a renewed interest proportionality and cooperation), clear (attorneys in 2013 must know ediscovery), and even a bit provocative (see...more
What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want?
Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more
Phoenix Hearing in January 2014 Will Focus on Proposed Amendments to the Federal Rules of Civil Procedure Aimed at Reducing the Costs and Burdens of Discovery....more
In a recent order denying a whistleblower’s award claim,1 the U.S. Securities and Exchange Commission upheld the prospective application and discovery limitations of two of its rules implementing the Dodd-Frank Wall Street...more
The U.S. District Court for the District of Delaware recently interpreted the work product privilege in a manner favorable to taxpayers, ruling that documents can be prepared “in anticipation of litigation” even if created...more
Over the past year, various lawmakers have floated a flurry of patent reform proposals aimed at curbing patent litigation abuse by so-called “patent trolls,” or non-practicing patent enforcement entities. President Obama...more
Ruiz-Bueno, III v. Scott, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013).
In this wrongful death case, the plaintiffs moved to compel answers to interrogatories regarding the defendants’ “methods used to search for...more
What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more
In recent years, employers have become familiar with navigating social media from a human resources perspective. These same issues are now making their way through the courts, and the rulings issued can serve as guideposts...more
At this point, it is probably safe to assume that almost everyone has some concept of “big data” and the challenges that data proliferation pose for ediscovery. This blog alone has discussed the big data explosion (in some...more
Significant congressional activity took place on November 18, 2013, bringing patent reform several steps closer to enactment. While final passage remains too early to predict (and no single bill has yet been voted out of...more
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more
In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the...more
Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013).
In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more
Last week, the Supreme Court of Texas heard oral arguments on whether a party can use a pre-suit deposition to identify an anonymous blogger. The petitioner tried to use a pre-suit subpoena to force Google to identify a...more
Eastern District’s order aims to focus patent cases in an attempt to reduce costs.
On October 29, Chief District Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas signed a general order...more
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more