Posts Tagged ‘caselaw’
hide story details [-]
- February 2nd
-
An Interview with The Honorable Andrew J. Peck – Part One
The Honorable Andrew J. Peck, United States Magistrate Judge for the Southern District of New York, graciously allowed me to interview him after the LTNY Man vs. Machine: The Promise/Challenge of Predictive Coding & Other Disruptive Technologies session in which he participated as a panelist. Judge Peck shared the panel with industry luminaries Maura Grossman and Ralph Losey, and moderator Dean Gonsowski. Overall, the session was excellent – very educational, and well organized. When I reached out to Judge Peck last week to request the interview, my intention was to write a review of the session. I prepared questions and took fast and furious notes during the session. However, between the time the session was over and the time we sat down for a bite to eat and proceed with the interview, I realized that a session review is not [...]
posted at 6:04pm on Feb 2nd
- January 25th
-
The Social Media Rubik’s Cube: FINRA Solved it First, Are Non-Regulated Industries Next?
It’s no surprise that the first industry to be heavily regulated regarding social media use was the financial services industry. The predominant factor that drove regulators to address the viral qualities of social media was the fiduciary nature of i…
posted at 9:28pm on Jan 25th
- January 23rd
-
Failure to Produce Originals Could be Spoliation in Third Circuit
Bull v. United Parcel Service, Inc., — F.3d —, 2012 WL 10932 (3d Cir. Jan. 4, 2012)
In this case, the appellate court concluded that “producing copies in instances where the originals have been requested may constitute spoliation if it would …posted at 2:22pm on Jan 23rd
- January 10th
-
Dodging a Bullet (For Now): No Harm, No Foul for Data Destruction
Check out “The Risks of Failing to Preserve Patent Prosecution Files,” an article I wrote for LTN’s website. It discusses a unique patent litigation remedy for spoliation claims. In Metso Minerals, Inc. v. Powerscreen International Dist., Ltd, the pla…
posted at 12:56pm on Jan 10th
-
3rd Circuit: Dismissal Too Harsh a Sanction for Producing Copies
The panel also took the opportunity in a lengthy footnote to the opinion to express its concerns with the evolving area of . “As electronic document technology progresses, the concept of an ‘original’ document is becoming more …
posted at 8:50am on Jan 10th
- December 30th
-
Corporate Social Media | Civil Lawsuit E-Discovery
Log-on and Password to Opponent? A few cases have required a social media user to give his password, user name and log in ID to an opponent for ediscovery. In these cases, the user was an individual. But what if the user were an enterprise? In Zimmerman v. Weis Markets Inc., an employee claimed he suffered great injury from a workplace accident, so he sued his employer. But the public portions of his Myspace and Facebook sites contradicted some of his claims. His employer surmised that non-public portions of his social sites would reveal more information relevant to his injury. No Expectation of Privacy? The Pennsylvania court compelled the employee to give to the employer his Myspace and Facebook passwords, user names and log in names. The court dismissed the employee’s claims to privacy, saying, “Zimmerman voluntarily posted all of the pictures and information on his Facebook and Myspace sites to share with other users of these social network sites, and he cannot now claim he possesses any reasonable expectation of privacy to prevent [his…
posted at 12:19pm on Dec 30th
- December 22nd
-
Weighing the Burden, Court Excuses Plaintiff from Reviewing Millions of Pages from Unallocated Space
I-Med Pharma, Inc. v. Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011) “This case highlights the dangers of carelessness and inattention in e-discovery.” In this case, the court affirmed the order of the Magistrate Judge wh…
posted at 2:36pm on Dec 22nd
- December 19th
-
Discovery Order Relieves Party of Review of 65 Million E-Documents
“This case highlights the dangers of carelessness and inattention in ,” District Judge Dickinson … agreed-upon process for ,” that I-Med had failed to institute a litigation hold, that there was “undisputable …
posted at 4:40pm on Dec 19th
-
Congress Says eDiscovery Not a Burden – What Do You Think?
It seems that Congress feels the need to weigh in on the costs of eDiscovery. Articles from LTN, CMSwire, Law.com and many other bloggers take many different perspectives on the commentary and Q&A session. We went to the House report to try to extract some of the highlights. My biggest take away is that we really do not have any solid metrics and objective market data on the true cost of eDiscovery. The comments focused on the cost and burden of preservation, especially on matters that never become actual litigation. Republican subcommittee members stressed the costs while Democrats questioned the relevance and corporate donor origin of the hearing itself in light of the active rule evaluation by the Judicial Conference. So here are some of the notable statements with my own perspective on them.
posted at 12:01pm on Dec 19th
- December 16th
-
Tis the Season for Reasonableness : I-Med Pharma, Inc. v. Biomatrix Inc
A federal judge in a contract case has excused compliance with a discovery agreement that would have required the plaintiff to produce an estimated 65 million documents, finding it would cost too much to screen them for privilege.”This case highlights …
posted at 2:31pm on Dec 16th