News & Analysis as of

Evidence Record Preservation

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Be Safe, Get Your Standing Evidence in Early

by Nexsen Pruet, PLLC on

A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for...more

Guide to ESI Preservation Responsibilities 2016

by Wilson Elser on

Abstract - A guide for clients, lawyers, information technology staff and others interested in the litigation-related obligation to preserve electronically stored information (ESI) in United States litigation. The...more

PCI Security Standards Council Publishes Data Breach Response Guidance

by Alston & Bird on

The PCI Security Standards Council (PCI-SSC) has released new guidance on its website advising merchants how to deal with a data breach. The guidance particularly details when a PCI Forensic Investigator (PFI) will be...more

They Didn’t Teach You This in Law School: Preserving Error as to PowerPoint Presentations at Trial

by Carlton Fields on

Today, it is rare for a trial to take place without the use of PowerPoint presentations. They most often appear during opening statement, the examination of experts, and closing argument. So let’s suppose that opposing...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

by Snell & Wilmer on

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

Business Litigation Alert: "What You Don't Keep Can Hurt You"

by Porter Hedges LLP on

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

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?

by JD Supra Perspectives on

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

Social Media in Litigation

by Gilbert LLP on

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

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

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

The Duty To Preserve Social Media Information

by Cozen O'Connor on

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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Cybersecurity

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