ESI

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

by Emily Huters | Morrison Foerster - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Responsibilities to Preserve Data for Litigation

by Elizabeth Karnezos | McNees Wallace & Nurick LLC on 4/15/2013

If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more

Litigation News -- April 2013

by Dana Chilson, Elizabeth Karnezos | McNees Wallace & Nurick LLC on 4/11/2013

As a plaintiff, you often roam a long and weary road before you achieve your ultimate litigation goal: a judgment against a defendant. Now that you have your prize, what do you do with it? With any luck, the defendant...more

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

by Cynthia A. Augello | Cullen and Dykman LLP on 4/9/2013

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

Consumer Debt Collectors Join the Federally Supervised Community

by Dennis O. Cohen, Joshua Farnsworth | BakerHostetler on 3/27/2013

For the consumer debt collection industry, the federal regulators have arrived. In February 2013, the Consumer Financial Protection Bureau (CFPB) began supervising roughly 175 large consumer debt collectors, defined as those...more

NY Courts Adopt Federal E-Discovery Cost Allocation Standard

by Bruce V. Miller | Cullen and Dykman LLP on 3/26/2013

On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing...more

2013 Civil Procedure Rule Changes At A Glance

by Lauren Coatney | McManis Faulkner on 3/26/2013

I recently wrote an article about several 2013 changes to the California Code of Civil Procedure, and how those changes affect in-house counsel. The importance of understanding these changes, however, is not limited to...more

Seizure of Electronic Data: Dawn Raid Inspection Guidance Revised

by Andrea L. Hamilton, David Henry, Martina Maier, Mai Muto | McDermott Will & Emery on 3/22/2013

In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with Commission officials in an “antitrust dawn raid” extend to the granting of access to all...more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

by Katherine R. Hinde, Danielle Kitson, Angelo Spinola | Littler on 3/19/2013

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

E-Discovery Of Digital Images And Video

by James G. Ryan | Cullen and Dykman LLP on 3/11/2013

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

Court Awards Defendants $2.8 Million In Computer-Assisted Review Fees

by James G. Ryan | Cullen and Dykman LLP on 2/28/2013

On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated from...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

by Benjamin Dryden, Adam Losey | Foley & Lardner LLP on 1/29/2013

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Letterman: Take the “e” out of eDiscovery!

by Karin Jenson, Gil Keteltas | BakerHostetler on 1/29/2013

Those of a certain age may recall the television show The Electric Company’s leading superhero, Letterman. He could resolve nearly any crisis by deleting, adding, or changing a letter, all while grooving to funky 70s’ music....more

A plea to LegalTech vendors and panelists talking technology-assisted review!

by Gil Keteltas | BakerHostetler on 1/25/2013

LegalTech New York is right around the corner. And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”)....more

What is a "Clawback" Agreement?

by Cullen and Dykman LLP on 10/23/2012

We recently talked about how judges may deny overly broad discovery requests and the effect of performing ineffective searches on data. Well, what happens if a party creates the perfect search, reviews the documents that are...more

Sanctioning Spoliation of Evidence

by Matthew Eandi | Ervin Cohen & Jessup LLP on 10/2/2012

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

by Miller Canfield on 10/1/2012

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

FTC Set to Adopt New Rules to Speed Up Investigations, But Will They Work?

by Foley Hoag LLP - Trademark, Copyright &... on 9/28/2012

The Federal Trade Commission recently finalized changes to its investigative procedures. The changes are intended to streamline a process that has, in recent years, become increasingly lengthy and unwieldy. The driving force...more

Preserving Evidence Through Demand Letters

by Matthew Eandi | Ervin Cohen & Jessup LLP on 9/18/2012

Today’s Take: The Evidentiary Implications in Sending and Receiving Demand Letters The first war cry of litigation is often the sending of a formal demand letter. Why? The most obvious reason is to put the recipient...more

E-Discovery Developments From The Land Of Zubulake

by Danuta Bembenista Panich | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/31/2012

Shortly after the turn of the century, a series of decisions emanated from the U.S. District Court for the Southern District of New York on the topic of “e-discovery.” Many would argue that Judge Shira Scheindlin’s opinions...more

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