CorpCast Episode 5: The eDiscovery Big Picture
The Increasing Visibility of Driver Health
The Ever-Expanding Scope of Social Media Discovery
CorpCast Episode 4: Better Know a Judge: Vice Chancellor J. Travis Laster of the Delaware Court of Chancery
Wearable Technology: A Perfect Fit For Litigation
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Inter Partes Review: Validity Before the PTAB
IP|Trend: Discovering Source Code
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
A plaintiff in the District of New Hampshire recently found itself stuck in an unenviable and inescapable jurisdictional hole. Plaintiff Presby Patent Trust sued Infiltrator Systems, a Connecticut-based manufacturer and...more
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
On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
Admissibility of Third Party Postings on Social Media Pages.
This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more
The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals.
The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more
Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more
For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more
Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more
Arguably one of the most beautiful countries in Europe is the Swiss Confederation, or Switzerland. With its gorgeous lakes, breath-taking mountain peaks, and lush valleys, Switzerland is a top tourist spot. Switzerland is a...more
When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more
We are pleased to present the 45th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address the stay of discovery in securities litigation, the failure to...more
An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more
Traditional e-discovery collection tools are not designed to work with social media, and manual techniques are too time consuming to be workable, as a plaintiff learned in a recent wrongful termination case, Stallings v. City...more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
Saying, “[t]here is no way the court would ever order 5000+ custodians to be searched (on this record),” Judge Forrest ordered the parties to meet and confer to attempt to narrow a list of custodians whose documents must be...more
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more
A federal court in Minnesota determined that an umbrella insurer’s communications with its reinsurers are discoverable in a coverage dispute. The case is titled National Union v. Donaldson Co., and the focus is on the scope...more
The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far....more
As we’ve stated before, many organizations and law firms spend a significant amount of time and money creating and recreating the ediscovery process as each case arises. Thankfully, the multi-matter management approach (also...more
In this memorandum opinion, the Court of Chancery declined to reopen the trial record and granted a plaintiffs’ motion to exclude post-trial evidence proffered by a defendant. In reaching its conclusion, the Court found that...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
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more
From 1936 to 1938, German inventor Konrad Zuse built the first modern computer... in his parents’ living room.
The world’s first data protection act was adopted in Germany in 1970.
In 1970, the US Federal Rules...more
The need to stay connected these days applies not only to our social universe, but also to our business universe. The result is a trend known as “bring your own device” or “BYOD.” BYOD is the practice where employees use...more
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