News & Analysis as of

Electronic Discovery Civil Rights

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law

by CloudNine on

In E.E.O.C. v. GMRI, Inc., No. 15-20561-CIV-LENARD/GOODMAN (S.D. Fla. Nov. 1, 2017), Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion...more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

How to Deal with the Mess Known as EU to U.S. Data Transfer Law

The following video interview originally appeared on the FCPA Blog, www.fcpablog.com and is reposted with the publishers consent. Frances McLeod, a founding partner of Forensic Risk Alliance, is spending a lot of time...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

by CloudNine on

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Annual Report On EEOC Developments: Fiscal Year 2014

by Littler on

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

California Employment Law Notes

by Proskauer Rose LLP on

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Employer Sanctioned for Failing to Issue a Litigation Hold After Notice of EEOC Charge

by Poyner Spruill LLP on

In a case from the United States District Court for the Western District of Washington, an employer and its attorneys were sanctioned for spoliation of evidence caused by the employer’s failure to issue a litigation hold and...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

by JD Supra Perspectives on

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

by Littler on

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

EEOC Plaintiff Must Disclose Passwords to Former Employer

by Balough Law Offices, LLC on

A Colorado federal judge ordered that a person suing her former employer must provide all of her cell phone messages, social media passwords, and passwords to access any of her email accounts or blogs for the judge’s in...more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant...

by Carlton Fields on

Originally published on i-Sight.com's blog: “How to Mismanage E-Discovery in a Workplace Investigation.” There’s no such thing as passing the buck when it comes to e-discovery. Although attorneys may assume that they can...more

5 Things to Consider When You Are Served with a Lawsuit

by Allen Matkins on

Scott Leipzig, a Los Angeles-based litigator, describes five things to consider when you are served with a lawsuit. 1. Protect Privilege: Internal communications often become the smoking gun in a Plaintiff’s case. All too...more

Webb Sanders & Williams Fall 2011 Newsletter

by Roechelle Morgan Fortner on

Brief and to the point updates on MS, 5th Circuit and national legal news of importance....more

Stone v. Paddock Publications

Amicus Brief of EFF and Media Freedom and Information Access Practicum in Support of Defendant-Appellant

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Cyberspace in the Workplace

by Keyana Laws on

This article examines two cases which require companies to have clear Internet and E-mail use and monitoring policies to avoid violating the Stored Communications Act and/or an employee’s right to privacy. ...more

Stone v. Paddock Publications

Appellate Brief of Defendant-Appellant

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Memorandum and Order Compelling Comcast to Disclose Identity Information

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Reply in Support of Motion in Opposition to Turnover of Identity

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Reply in Support of Motion to Disclose Comcast's Response to Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Response to John Doe's Motion in Opposition to Turnover of Identity

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

Stone v. Paddock Publications

Response to Motion to Disclose Comcast's Response to Subpoena

EFF and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local...more

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