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A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...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
During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...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 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
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
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