If you’re marketing any pharmaceutical or medical device, the Food and Drug Administration (FDA) has its eye on you. More accurately, the FDA has its eye on your website and social media, checking to see what you’re claiming...more
7/6/2021
/ Advertising ,
Archived Data ,
Compliance ,
Coronavirus/COVID-19 ,
Data Retention ,
Evidence ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Social Media ,
Websites
Today, a tremendous amount of your organization’s client communications are happening through the representations on your website and social media channels. If you’re subject to regulatory compliance requirements or are...more
How are you preserving emojis for ediscovery?
Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more
10/22/2019
/ Data Preservation ,
Digital Communications ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Emoji ,
Evidence ,
Hiring & Firing ,
Retaliation ,
Sexual Harassment ,
Summary Judgment ,
Telecommunications ,
Text Messages ,
Workplace Communication
Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more
10/4/2019
/ Best Practices ,
Collaboration ,
Data Collection ,
Data Management ,
Data Preservation ,
Digital Communications ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Emoji ,
Enterprise Risks ,
Evidence ,
Information Governance ,
Risk Management ,
Telecommunications ,
Webinars ,
Workplace Communication
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
9/18/2019
/ Data Preservation ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Failure To Preserve ,
FRCP 34 ,
FRCP 37(b) ,
FRCP 37(e) ,
Intentional Spoliation ,
Sanctions ,
Scope of Discovery Requests ,
Social Media ,
Spoliation ,
Text Messages
In our previous blog post about multidistrict litigation (MDL), we discussed the problem of identifying meritless claims and how social media evidence can help counsel identify those claims. But what happens next? After the...more
The internet, and especially social media, represents a rich reservoir of potential evidence for use in litigation. That reservoir grows broader and deeper every day—and sometimes, litigants underestimate how much of that...more
Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more
4/2/2019
/ Artificial Intelligence ,
Class Action ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
FRCP 11 ,
FRCP 23 ,
FRCP 23(b)(3) ,
Frivolous Lawsuits ,
Multidistrict Litigation ,
Search Terms ,
Social Media ,
Statute of Limitations ,
Summary Judgment ,
Technology-Assisted Review
It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier.
We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier...more
Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly changes the course of our trial. Our dog-loser case transforms, as if by magic, into a rock-solid winner winner...more
3/19/2019
/ Archived Data ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Native Format Data ,
Online Platforms ,
Social Media ,
Websites
Do you have FOMO? And do you have FOMO about the right things?
Fear of missing out (FOMO) is a pervasive problem in our always-connected world. The Oxford English Dictionary defines FOMO as the “anxiety that an exciting or...more
3/13/2019
/ Artificial Intelligence ,
Data Collection ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Legal Technology ,
Online Platforms ,
Social Media ,
Websites
Here’s a scenario that might be common enough in your day-to-day life: imagine that you’ve misplaced your wallet. (Apparently, Americans do this a lot. Statistics show we spend two and a half days each year looking for...more
3/6/2019
/ Artificial Intelligence ,
Criminal Prosecution ,
Defense Strategies ,
Discovery ,
Discovery Costs ,
Electronically Stored Information ,
Evidence ,
International Litigation ,
Legal Project Management ,
Legal Technology ,
Litigation Strategies ,
Motion to Compel ,
Popular ,
Social Media
The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery?
People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more
2/26/2019
/ Data Collection ,
Discovery ,
Electronically Stored Information ,
Ex Parte ,
Foreign Jurisdictions ,
Internet ,
Levi Strauss ,
Scope of Discovery Requests ,
Social Media ,
Trademark Infringement ,
Trademarks ,
Websites
Remember the original internet, with its clunky graphics and minimal information? You might not remember doing much online back in the 1990s, because frankly there wasn’t yet a lot of worthwhile content to engage with....more
Over the last year, requests and productions of native-format documents have featured regularly in ediscovery cases resolved by the courts. These cases have demonstrated how differently litigants—and judges—view the...more
2/6/2019
/ Discovery ,
Discovery Disputes ,
Document Productions ,
Electronically Stored Information ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Meet and Confer ,
Metadata ,
Motion to Compel ,
Native Format Data ,
Presumptively Relevant ,
Request for Production
With some electronically stored information (ESI), what you see is what you get. A simple screenshot, PDF, or TIFF image may convey all the information that a litigant needs....more
1/24/2019
/ Discovery ,
Discovery Disputes ,
Document Productions ,
Electronically Stored Information ,
FRCP 26(b)(1) ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Motion to Compel ,
Native Format Data ,
Request for Production ,
Scope of Discovery Requests
Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more
After 2018, companies may never view online data collection in the same way again.
Just as the world was turning its attention to the importance of protecting individuals’ data privacy, Facebook stumbled into a series of...more
1/9/2019
/ APIs ,
Cambridge Analytica ,
Data Breach ,
Data Collection ,
Data Privacy ,
Electronically Stored Information ,
Exploitation ,
Facebook ,
Native Format Data ,
Personally Identifiable Information ,
Political Campaigns ,
Privacy Policy ,
Scandals ,
Social Media ,
Web Scraping
In the hustle and bustle of ediscovery planning, we often focus more on the content of discoverable information than we do on its form. For example, in a hostile-workplace claim, you may know that you want all of the...more
1/8/2019
/ Best Practices ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
FRCP 26(f) ,
FRCP 34 ,
FRCP 34(b) ,
Meet and Confer ,
Metadata ,
Native Format Data ,
Scope of Discovery Requests
In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more