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[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
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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
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In the final Part 5 today: The discoverability of private social media posts in...more
I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more
Mine Safety Appliances Co. v. AIU Ins. Co., C.A. No. 10C-07-241 MMJ, 2013 Del. Super. LEXIS 229 (Del. Super. Ct. Jun. 6, 2013).
A Delaware state trial court approved a Special Discovery Master’s memorandum opinion and...more
In its recent decision in BioChemics, Inc. v. AXIS Reinsurance Co., 2013 U.S. Dist. LEXIS 111218 (D. Mass. Aug. 7, 2013), the United States District Court for the District of Massachusetts had occasion to consider when an...more
In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case....more
The Patent Trial and Appeal Board has published six representative decisions and orders that deal with discovery and evidentiary issues in inter partes review proceedings. In this video, Jon E. Wright, director at the...more
Proceedings supplementary are intended to be a speedy and relatively inexpensive means by which a judgment creditor can recover fraudulent transfers from third parties. Unlike conventional suits, proceedings supplementary do...more
I. FEDERAL PROCEDURE -
A. Overview of Article.
The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more
Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more
Is it ever NOT okay to delete your social media account?
That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more
A federal magistrate judge in New Jersey recently sanctioned a plaintiff for evidence spoliation after he deactivated his Facebook account during litigation, resulting in its permanent deletion by Facebook after 14 days...more
Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...more
In a recent decision from the District of New Jersey, Gatto v. United Air Lines, Inc, et al., No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909 (D.N.J. March 25, 2013), the Court found that the Plaintiff had destroyed and/or failed...more
The pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should...more
The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more
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
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
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