[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015).
In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more
No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to...more
When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...more
In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was erroneously given by the...more
What ethical obligations does a Florida attorney have when advising a client to remove material from social media sites before litigation? Until recently, it was an open question; however, on Jan. 23, 2015, The Florida Bar’s...more
2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more
January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained...more
PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)...more
A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more
This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence.
For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more
As Oscar Wilde suggested, life often imitates art. Indeed, this year, e-discovery imitated art: lyrics from a surprising number of the top 14 songs of 2014 (according to iTunes downloads) eerily match some of this year’s most...more
Novick v. AXA Network, LLC, 2014 WL 5364100 (S.D.N.Y. Oct. 22, 2014).
In this contract dispute case, the plaintiff made a motion for sanctions under Rule 37(b)(2) requesting the court strike the defendants’ answer and...more
Sometimes three red groupers are a “tangible object”, but mostly they are just, well, uh, fish.
In the summer of 2007, boat owner and Captain, John Yates was leading a fishing trip on his boat, the “Miss Katie”....more
Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine -
In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more
As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to...more
What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more
An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more
Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014).
In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...more
Mazzei v. Money Store, 2014 WL 3610894 (S.D. N.Y. July 21, 2014).
In this class action fraud case, the plaintiffs asserted that the defendants failed in their duty to preserve electronic information relevant to...more
On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more
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
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more
Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more
Acknowledging increasing difficulties associated with maintaining large volumes of electronic information in today's digital age, the Texas Supreme Court recently issued its opinion in Brookshire Bros. v. Aldridge. The...more
In Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for...more
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