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II-29- E-Mail Curfews, the DOL’s New Self-Audit Program, Social Media Discovery, and Other Noteworthy Employment Law Trends and Developments
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Polsinelli Podcast - Avoiding Professional Liability
[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more
[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and...more
In our first post, we will dive into the world of email datasets. Emails are a critical component of business communication, and AI plays a significant role in managing, sorting, and even responding to them. We will explore...more
In the ever-evolving landscape of artificial intelligence (AI), the ability to accurately measure the success of AI applications is paramount. Whether you’re a business leveraging AI for managing legal and investigation...more
A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more
Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more
Many of us (especially the older generation) like to deal with hard-copy printouts of electronic communications. But inattention to the printout process can have disastrous results....more
In re WeWork Litigation, Consol. C.A. No. 2020-0258-AGB (Del. Ch. Dec. 22, 2020) - This Court of Chancery discovery ruling illustrates the risks associated with directors and officers using non-company email accounts to...more
Section 220 of the Delaware General Corporation Law allows stockholders to inspect various books and records of a company upon showing a proper purpose for the request, among other statutory requirements. In this electronic...more
On January 29, 2019, the Delaware Supreme Court provided guidance to the Court of Chancery regarding the scope of a stockholder’s inspection rights under Section 220 of the Delaware General Corporation Law or similar LLC or...more
UPDATE: On August 5, 2020, the Delaware Supreme Court summarily affirmed the judgment of the Court of Chancery “on the basis of and for the reasons stated in its January 25, 2019 opinion.” Section 220 of the Delaware...more
Slack is a widely adopted collaboration tool for enterprises around the globe that is taking over a fare share of email communications. Many corporations have their playbook all set for standard communications platforms like...more
In re Appraisal of Kate Spade Company, C.A. No. 2017-0714-AGB (Del. Ch. June 21, 2018) - The duty to collect and produce non-privileged relevant information extends beyond email to text messages and other forms of...more
Most people outside of the law do not realize how valuable evidence is in resolving courtroom disputes. There are a variety of rules around what is and what is not a trustworthy fact, but a participant in a case is typically...more
A recent decision from a Dane County trial court has opened the door for new guidance on providing electronic copies of public records to local news media. In a recent decision, a Dane County judge held that a state lawmaker...more
Last week, a federal judge presiding over a sex discrimination case ordered several members of management to search their personal email accounts and turn over all relevant information. The ruling serves as a reminder of the...more
On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report...more
It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more
Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more
The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more
Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more