Record Preservation

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

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

by JD Supra Law News on 5/1/2013

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

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

by Scott Atkinson | Carr, McClellan, Ingersoll, Thompson & Horn -... on 4/25/2013

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

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

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

M&A Deal Counsel’s Role In Creating A Winning Written Record For Defending Breach Of Fiduciary Duty Litigation

by Ryan Costa, Pamela Millard, Michael Pittinger, Jacqueline Rogers, Janine Salomone | Potter Anderson & Corroon LLP on 4/22/2013

While M&A transactions give rise to many different types of litigation, including disputes between the merger parties and statutory appraisal actions, the most common type of litigation stemming from public company mergers is...more

Social Media in Litigation

by Barry I. Buchman, Michelle Price | Gilbert LLP on 4/18/2013

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

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

The Duty To Preserve Social Media Information

by Michael Schmidt | Cozen O'Connor on 4/10/2013

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

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

“Duty to Preserve” May Include “Duty to Recover”

by Kenneth J. Treece, B. Jay Yelton III | Miller Canfield on 3/25/2013

A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s...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

Oral Advocacy and Record Preservation: A Judge’s Perspective. Insights Shared at the IADC 2012 Midyear Meeting by Judge Roger...

by Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 2/28/2013

Originally published in The International Association of Defense Counsel - Appellate Practice Committee Newsletter - February 2013. At the 2012 Midyear meeting, we were privileged to hear insights on appellate oral...more

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BABC eDiscovery Newsletter - April 2013

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

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

The Illinois Supreme Court 2012: The Year in Review

M&A Deal Counsel’s Role In Creating A Winning Written Record For Defending Breach Of Fiduciary Duty Litigation

Social Media in Litigation

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

Responsibilities to Preserve Data for Litigation

Litigation News -- April 2013

The Duty To Preserve Social Media Information

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

“Duty to Preserve” May Include “Duty to Recover”

E-Discovery Of Digital Images And Video

Oral Advocacy and Record Preservation: A Judge’s Perspective. Insights Shared at the IADC 2012 Midyear Meeting by Judge Roger...

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

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