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
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
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
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 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