Evidence, Right to Privacy

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 3

EDRM - Electronic Discovery Reference Model on 9/12/2022

This is the conclusion of the blog, The Right to Privacy in Modern Discovery: a review of another great law review article. See here for Part 1 and Part 2. This blog series considers the interplay between privacy and civil...more

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 2

EDRM - Electronic Discovery Reference Model on 9/2/2022

This is part two of the blog series, The Right to Privacy in Modern Discovery: a review of another great law review article. This blog series considers the interplay between privacy and civil discovery as discussed in the law...more

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 1

EDRM - Electronic Discovery Reference Model on 8/26/2022

Summary and analysis of Professor Allyson Stuart’s much needed law review article on privacy in ediscovery in civil litigation. The article is supplemented with an interview of Professor Stuart on ediscovery and privacy...more

Turkey’s New Social Media Law; Social Media Ad Spend; Harvard Law School’s Social Media Policy

Morrison & Foerster LLP - Social Media on 10/19/2020

In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more

California Employment Law Notes - September 2017

Proskauer - California Employment Law on 9/13/2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

Orrick - Trade Secrets Group on 1/5/2017

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

The Nuts And Bolts Of Social Media Discovery

Zelle LLP on 9/17/2013

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

Warrantless Cell Phone Searches – A Look at the Case Law

Mintz - Privacy & Cybersecurity Viewpoints on 5/14/2013

When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more

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