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Civil Procedure Communications & Media Electronic Discovery

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Relevant Social Media Posts are Fair Game for Discovery in the IVC Filter MDL

by Reed Smith on

A couple of weeks ago, we reported that, under pressure from the Drug and Device Law Rock Climber, we were headed to New York to see the Broadway production of Orwell’s 1984. Publicity surrounding this spectacle focused on...more

Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law

by CloudNine on

In Congoo, LLC v. Revcontent LLC, et al, No. 16-401 (MAS) (D.N.J. Aug. 10, 2017), New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the...more

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

by CloudNine on

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The...more

2016 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Pokemon Go, a Scary Trend for any E-Discovery Practitioner

by Exterro, Inc. on

One word that I never thought would have any cultural relevance ever again, Pokemon. I remember the days when Nintendo was the “it" thing to have and Pokemon was at the forefront of that fad. But that was the 1990s, so when I...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

by Exterro, Inc. on

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

by Morris James LLP on

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

E-Discovery and Information Management: Can Clicking "Like" Make or Break a Lawsuit? (12/15)

Virtually everyone uses social media to engage with family and friends, to follow politics and popular culture, and to conduct business. As social media use becomes increasingly engrained in American culture, businesses have...more

High Noon at the Train Station: Social Media and Modern E-Discovery

by Exterro, Inc. on

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

Social Media and Practice: Questions Attorneys Should Ask Now

by Robins Kaplan LLP on

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

Virtually Served in the Online World: The Intersection of Law and Technology

by McManis Faulkner on

Look around the playing fields where children practice soccer or baseball, and you will see many parents checking their phones. However, opening Facebook Messenger may lead to more than an invite to this weekend’s...more

Who is John Doe? Actor James Woods Brings “Twibel” Case Against Anonymous User “Abe List” for Calling Him A “Cocaine Addict”

by Kelley Drye & Warren LLP on

Last week, renowned film and television actor James Woods brought a defamation claim against an anonymous Twitter user who tweets from the handle “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine...more

Hold the (cell) phone! NFL Lawsuit May Hinge on Spoliation

by Partridge Snow & Hahn LLP on

Across New England, armchair attorneys and quarterbacks alike are talking spoliation, discovery, and cell phones. With National Football League Commissioner Roger Goodell’s announcement of his decision on New England...more

SMS: Spoliation Made Simple?

by Butler Snow LLP on

Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy...more

Ostriches Beware: E-Discovery Ethics In Social Media

by Zelle LLP on

“Electronic document creation and/or storage, and electronic communications, have become commonplace in modern life, and discovery of ESI is now a frequent part of almost any litigated matter. Attorneys who handle litigation...more

Lawyers May Advise on Clients’ Social Media Clean-Up

by Bilzin Sumberg on

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

At the Intersection of Technology and Law: Recent High Court Rulings Related to Social Media.

by Pessin Katz Law, P.A. on

Once Again at the Intersection of Technology and Law: Maryland’s Court of Appeals Elaborates on Authentication of Documents Related to Social Media. “The rapid rise of social networking websites, themselves a branch...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

Green vs. Blue Bubbles: A Thought on Thorough e-Discovery

by Butler Snow LLP on

If you own an iPhone, take a look at your most recent text messaging threads. Are the words contained in a blue or a green speech balloon? A blue speech balloon indicates that the communication was sent via Apple’s...more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

by Carlton Fields on

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

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