Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more
As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...more
In high-profile cases in 2001 and 2003, federal courts recognized exceptions to the third-party waiver rule for privileged communications shared with public relations (PR) consultants. Since then, courts have repeatedly been...more
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
Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...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
In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an “ephemeral” messaging app that...more
12/6/2018
/ Department of Justice (DOJ) ,
Digital Communications ,
Discovery ,
Duty to Preserve ,
Electronic Records ,
FCPA Corporate Enforcement Policy (CEP) ,
Mobile Apps ,
Open Meetings Act ,
Public Records ,
State and Local Government ,
Text Messages ,
Voluntary Disclosure ,
White Collar Crimes
Making individual patient-level data available for other research presents companies with challenges, but researchers and companies can take steps to minimize the risks.
Originally published in Drug and Medical Device,...more
"Right to Try" legislation, which enables terminally ill patients or patients with a "life threatening disease or condition" to seek access to investigative drugs with little to no oversight from the FDA, has been enacted in...more
4/13/2018
/ Biopharmaceutical ,
Clinical Trials ,
Expanded Access Programs (EAPs) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Life Sciences ,
Patient Access ,
Pharmaceutical Industry ,
Preemption ,
Prescription Drugs ,
Proposed Legislation ,
Regulatory Oversight ,
Right to Try ,
Terminal Illness Treatments
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
Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more
Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of...more