Presumptively Relevant

News & Analysis as of

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Court Orders Plaintiff to Produce Native Format Version of Email Potentially Altered: eDiscovery Case Law

In Lifetouch National School Studios, Inc. v. Roles, No. 3:15-cv-234 (W.D. P.A., Dec. 15, 2016), Pennsylvania District Judge Kim R. Gibson granted the portion of the defendant’s motion to compel associated with the request...more

I Now Call Alexa to the Stand: What Criminal Law Can Learn from Civil Law When It Comes to E-Discovery

More and more, electronically stored information (ESI) is being collected as evidence for criminal cases. The latest example came to light over the new year in the Washington Post article, “Can Alexa help solve a murder?...more

Rules Amendments Mean That Proportionality Limits Even MDL Discovery

We’ve blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery. Earlier this year, after the amendments had been in effect...more

D.C. Circuit Puts Potential Limits on the NLRB's "Presumptively Relevant" Policy

In IronTiger Logistics, Inc. v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s policy of requiring employers to timely respond to union requests for “presumptively relevant”...more

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more

How To Navigate Social Media Discovery In New York

With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of...more

Ignore No More -- Good Faith Bargaining Requires Timely Employer Response to Union Request for "Presumptively Relevant"...

Last week, a panel of the National Labor Relations Board, in a 2 to 1 vote that has become routine, found that an employer had a duty under Section 8(a)(5) of the National Labor Relations Act to respond in a timely fashion to...more

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