In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the...more
As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more
12/2/2019
/ Best Practices ,
Bodily Injury ,
Carnival Cruise Lines ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Inherent Authority ,
Litigation Fees & Costs ,
Litigation Strategies ,
Medical Examinations ,
Motion for Sanctions ,
Negligence ,
Record Preservation ,
Spoliation
With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more
9/19/2019
/ Attorney-Client Privilege ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Discovery ,
Electronically Stored Information ,
Forensic Examination ,
Information Governance ,
Information Technology ,
Investigations ,
Litigation Strategies ,
Popular ,
Public Comment ,
Security Risk Assessments ,
Waivers ,
Work-Product Doctrine
Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more
Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena.
Originally published in Law360 - February 12,...more
Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45.
Originally published in Law360 - October 2, 2018. ...more
Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more