ESI expenses only partially recoverable as ‘costs’ 
Published: May 7, 2013
Tags: costs, Discovery, e-discovery, electronically stored information, ESI
A prevailing defendant in a business lawsuit could not recover the vast majority of its discovery expenses relating to the collection of electronically stored information, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Benchmarks: Hackers may be identified in N.J. defamation case
By:
Pat Murphy
Published: April 8, 2013
Tags: defamation, Discovery, Internet Service Provider
The First Amendment does not protect the identity of hackers to the extent it does other anonymous individuals who publish defamatory material online.
That’s the conclusion reached Friday by a New Jersey appellate court.
Benchmarks: Lawyer breaks rules by posting prosecutor’s video on YouTube
By:
Pat Murphy
Published: April 2, 2013
Tags: Discovery, Facebook, YouTube
An Illinois criminal defense lawyer thought he would expose shady police tactics by posting a video of an undercover drug buy on YouTube.
Unfortunately, the only thing the lawyer managed to do was incur the wrath of Illinois courts for misusing prosecution evidence disclosed during discovery in his client’s case.
EEOC sanctioned for delaying social media discovery
Published: March 15, 2013
Tags: Discovery, EEOC, Equal Employment Opportunity Commission, Facebook, Sanctions, sexual harassment, social media
A Colorado federal court has sanctioned the Equal Employment Opportunity Commission for delaying an employer’s efforts to discover the emails, texts and blog posts of employees seeking damages for sexual harassment.
Computer-assisted review becomes more popular
By:
Correy Stephenson
Published: January 29, 2013
Tags: computer-assisted review, Discovery, e-discovery, electronic discovery, predictive coding, technology
Less than one year after a federal court judge issued a seminal electronic discovery decision blessing the use of computer-assisted review, the technology is already appearing in courts across the country.
New e-discovery guidelines implemented in N.D. Calif.
Published: December 17, 2012
Tags: Discovery, e-discovery, electronic discovery, electronically stored information, ESI
The U.S. District Court for the Northern District of California has announced new guidelines regarding the discovery of electronically stored information (ESI).
Courts weigh in on social media discovery requests
By:
Correy Stephenson
Published: November 19, 2012
Tags: Discovery, e-discovery, electronic discovery, Facebook, Federal Rules of Evidence, Home Depot, social media, social networking, technology
Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions.
But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to pass muster.
Eyewitness testimony will get enhanced jury instruction in N.J.
Published: August 2, 2012
Tags: Discovery, eyewitness testimony, jury instructions
The New Jersey Supreme Court has released an enhanced jury instruction warning of the lack of reliability of eyewitness testimony.
Florida high court unveils new rules addressing e-discovery
Published: July 23, 2012
Tags: Civil Procedure, Discovery, e-discovery, electronic discovery, electronically stored information, Sanctions, technology
The Florida Supreme Court has amended the state’s civil rules to expressly address the discovery of electronically stored information.
Defense attorneys may protect witness interviews
Published: June 29, 2012
Tags: Discovery, work-product privilege, wrongful death
The work product doctrine may be applied to protect from discovery witness interviews obtained by investigators hired by defense counsel, the California Supreme Court has ruled.
