November 27, 2019
Emojis—small symbols used to enhance meaning in electronic communications—are a significant new development in our ongoing communication revolution. The word “emoji” originates from Japan and means “picture character.”[1] The Oxford English Dictionary defines “emoji” as a “small digital image or icon used to express an idea, emotion, etc., in electronic communications.”[2] Over the past few…
November 27, 2019
Perhaps there is a lesson to be learned from every case that touches on e-discovery. One powerful lesson on the preservation of evidence and the importance of proper litigation holds comes to us in the e-discovery nightmare of Small v. University Medical Center of Southern Nevada.[1]
In Small, 613 current and former employees of defendant University Medical Center (“UMC”) brought an employment…
November 27, 2019
Halloween May be Over, but E-discovery
Horror Stories Are Always in Season
Perhaps there is a lesson to be learned from every case that touches on e-discovery. One powerful lesson on the preservation of evidence and the importance of proper litigation holds comes to us in the e-discovery nightmare of Small v. University Medical Center of Southern Nevada.[1] (Click here to read more.)
EMOJIS…
October 31, 2019
When something big or bad has happened, who owns your employees’ mobile device data? The answer is somewhat complicated. First, the question is not necessarily who owns the device/data but whether a person or organization to which a document request is levied possesses, has custody of, or controls the device/data. See Rule 34, Federal Rules of Civil Procedure (and state counterparts). But before…
October 31, 2019
“A lack of planning on your part does not necessitate an emergency on mine.” You may have heard that saying before. Unfortunately, it simply is not true in the world of e-discovery. The failure to plan on the front end often creates emergencies of all kinds for a company. If a company’s data is not properly managed and organized, a request for production can become needlessly chaotic, expensive,…
October 31, 2019
WHO OWNS AN EMPLOYEE'S MOBILE DEVICE DATA?
When something big or bad has happened, who owns your employees’ mobile device data? The answer is somewhat complicated. First, the question is not necessarily who owns the device/data but whether a person or organization to which a document request is levied possesses, has custody of, or controls the device/data. See Rule 34, Federal Rules of…
September 24, 2019
On June 25, 2016, Officer Scissons arrested Dustin Woods after a brief pursuit and a confrontation, during which Woods attempted to pull a gun on the officer. Officer Scissons successfully disarmed Woods and handcuffed him, and other officers began to arrive on the scene. After the incident, Woods filed a § 1983 action against Officer Scissons alleging that Scissons struck Woods several times…
September 24, 2019
Should the Jury Decide "Intent to Deprive" in Spoliation Sanction Issues? Woods v. Scissons Says Yes.
On June 25, 2016, Officer Scissons arrested Dustin Woods after a brief pursuit and a confrontation, during which Woods attempted to pull a gun on the officer. Officer Scissons successfully disarmed Woods and handcuffed him, and other officers began to arrive on the scene. After the incident, Woods…
September 24, 2019
Most cases are not multi-national corporation against multi-national corporation. Most cases do not have tens of millions of dollars at issue. Most clients do not have giant e-discovery budgets. In fact, most cases in litigation today are significantly smaller, generally with just thousands of dollars at issue, and cannot withstand a giant e-discovery bill. So, what are the lawyer and client to…
August 27, 2019
On July 10, 2019, in GN Netcom, Inc. v. Plantronics, Inc.,[1] the United States Court of Appeals for the Third Circuit granted a motion for a new trial based upon the lower court’s refusal to allow the testimony of an electronic discovery expert regarding the significance of the opposing party’s spoliation of electronically stored information (“ESI”).[2] This decision indicates the importance of…
August 27, 2019
After Mary was fired from her warehousing job at Mars, Inc. in 2013, she filed a complaint with OSHA claiming she was fired in retaliation for blowing the whistle on food safety issues. After an investigation, the OSHA investigator dismissed her complaint in February 2016.
Mary’s lawyer then asked for a review by the Labor Department’s Administrative Review Board (the “Board”). Mars…
August 27, 2019
Third Circuit Highlights the Importance of E-Discovery Expert in a Civil Action Disrupted by Spoliation
On July 10, 2019, in GN Netcom, Inc. v. Plantronics, Inc.,[1] the United States Court of Appeals for the Third Circuit granted a motion for a new trial based upon the lower court’s refusal to allow the testimony of an electronic discovery expert regarding the significance of the opposing party’s…
November 27, 2019
Emojis—small symbols used to enhance meaning in electronic communications—are a significant new development in our ongoing communication revolution. The word “emoji” originates from Japan and means “picture character.”[1] The Oxford English Dictionary defines “emoji” as a “small digital image or icon used to express an idea, emotion, etc., in electronic communications.”[2] Over the past few…
November 27, 2019
Perhaps there is a lesson to be learned from every case that touches on e-discovery. One powerful lesson on the preservation of evidence and the importance of proper litigation holds comes to us in the e-discovery nightmare of Small v. University Medical Center of Southern Nevada.[1]
In Small, 613 current and former employees of defendant University Medical Center (“UMC”) brought an employment…
November 27, 2019
Halloween May be Over, but E-discovery
Horror Stories Are Always in Season
Perhaps there is a lesson to be learned from every case that touches on e-discovery. One powerful lesson on the preservation of evidence and the importance of proper litigation holds comes to us in the e-discovery nightmare of Small v. University Medical Center of Southern Nevada.[1] (Click here to read more.)
EMOJIS…
October 31, 2019
When something big or bad has happened, who owns your employees’ mobile device data? The answer is somewhat complicated. First, the question is not necessarily who owns the device/data but whether a person or organization to which a document request is levied possesses, has custody of, or controls the device/data. See Rule 34, Federal Rules of Civil Procedure (and state counterparts). But before…
October 31, 2019
“A lack of planning on your part does not necessitate an emergency on mine.” You may have heard that saying before. Unfortunately, it simply is not true in the world of e-discovery. The failure to plan on the front end often creates emergencies of all kinds for a company. If a company’s data is not properly managed and organized, a request for production can become needlessly chaotic, expensive,…
October 31, 2019
WHO OWNS AN EMPLOYEE'S MOBILE DEVICE DATA?
When something big or bad has happened, who owns your employees’ mobile device data? The answer is somewhat complicated. First, the question is not necessarily who owns the device/data but whether a person or organization to which a document request is levied possesses, has custody of, or controls the device/data. See Rule 34, Federal Rules of…
September 24, 2019
On June 25, 2016, Officer Scissons arrested Dustin Woods after a brief pursuit and a confrontation, during which Woods attempted to pull a gun on the officer. Officer Scissons successfully disarmed Woods and handcuffed him, and other officers began to arrive on the scene. After the incident, Woods filed a § 1983 action against Officer Scissons alleging that Scissons struck Woods several times…
September 24, 2019
Should the Jury Decide "Intent to Deprive" in Spoliation Sanction Issues? Woods v. Scissons Says Yes.
On June 25, 2016, Officer Scissons arrested Dustin Woods after a brief pursuit and a confrontation, during which Woods attempted to pull a gun on the officer. Officer Scissons successfully disarmed Woods and handcuffed him, and other officers began to arrive on the scene. After the incident, Woods…
September 24, 2019
Most cases are not multi-national corporation against multi-national corporation. Most cases do not have tens of millions of dollars at issue. Most clients do not have giant e-discovery budgets. In fact, most cases in litigation today are significantly smaller, generally with just thousands of dollars at issue, and cannot withstand a giant e-discovery bill. So, what are the lawyer and client to…
August 27, 2019
On July 10, 2019, in GN Netcom, Inc. v. Plantronics, Inc.,[1] the United States Court of Appeals for the Third Circuit granted a motion for a new trial based upon the lower court’s refusal to allow the testimony of an electronic discovery expert regarding the significance of the opposing party’s spoliation of electronically stored information (“ESI”).[2] This decision indicates the importance of…
August 27, 2019
After Mary was fired from her warehousing job at Mars, Inc. in 2013, she filed a complaint with OSHA claiming she was fired in retaliation for blowing the whistle on food safety issues. After an investigation, the OSHA investigator dismissed her complaint in February 2016.
Mary’s lawyer then asked for a review by the Labor Department’s Administrative Review Board (the “Board”). Mars…
August 27, 2019
Third Circuit Highlights the Importance of E-Discovery Expert in a Civil Action Disrupted by Spoliation
On July 10, 2019, in GN Netcom, Inc. v. Plantronics, Inc.,[1] the United States Court of Appeals for the Third Circuit granted a motion for a new trial based upon the lower court’s refusal to allow the testimony of an electronic discovery expert regarding the significance of the opposing party’s…
