News & Analysis as of

Spoliation Social Media

Pagefreezer

Spoliation, Sanctions, and Staying Social Media Savvy

Pagefreezer on

Social media has changed the way we share ideas, the way we get our news, the way we make purchases, and the way we conceptualize ourselves and our community. It has changed the way we keep in touch with our friends and...more

EDRM - Electronic Discovery Reference Model

October’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published October 18, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Reveal

2021 eDiscovery Case Law Wrap-Up

Reveal on

To better understand how technology continues to affect the legal industry, you just have to look at case law and the resulting court rulings, particularly in regards to eDiscovery and the Federal Rules of Civil Procedure...more

Reveal

3 Challenges Corporate Legal Teams Face With BYOD

Reveal on

Today’s eDiscovery Blues comic highlights several challenges In-House legal teams might face when working with data in the face of litigation, starting with the sinking feeling that comes when you ask yourself, “Is the I.T....more

Proskauer - Minding Your Business

To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for...

Parties should think twice before posting potential evidence on social media, as the Plaintiff in Guarisco v. Boh Brothers Construction learned recently. The Eastern District of Louisiana imposed sanctions on Plaintiff for...more

Hanzo

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Hanzo on

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

Faegre Drinker Biddle & Reath LLP

Authenticating Social Media Evidence at Trial

Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more

Hanzo

Don’t Spoliate Your Online Content: Why Ediscovery Professionals Should Care About ISO 28500

Hanzo on

We’ve all been there: something happens that causes your organization to reasonably anticipate litigation, whether it’s the receipt of a preservation letter, a breach of a contract, or even service of a filed complaint....more

Farrell Fritz, P.C.

The Risks Of Social Media In Litigation

Farrell Fritz, P.C. on

It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated with relevant technology. And, relevant technology is not limited to electronic dockets (i.e., NYSCEF,...more

Fenwick & West LLP

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

Fenwick & West LLP on

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Morrison & Foerster LLP - Social Media

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Morrison & Foerster LLP - Social Media

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

Shumaker, Loop & Kendrick, LLP

Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

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

Holland & Knight LLP

Ethical Obligations for Florida Attorneys: Advising Clients on Social Media - Rule 4-1.1 and Rule 4-3.4 Describe the Competency...

Holland & Knight LLP on

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

Nexsen Pruet, PLLC

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

Nexsen Pruet, PLLC on

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

JD Supra Perspectives

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

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

Cozen O'Connor

The Duty To Preserve Social Media Information

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

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide