Jackson Kelly PLLC

Anticipation of Litigation Advisor

Data Privacy & Security

The Rise of Alternative Communication Apps and Their Impact on E-Discovery

The modern workplace is changing. Many businesses no longer require team members to work from one central physical location. Instead, with a laptop and a wireless internet connection, businesses and their employees have the flexibility to work from almost anywhere. The rise of the virtual workplace means that businesses and software developers are always looking for more efficient ways to…

EMOJIS AND E-DISCOVERY: AN UNSETTLED LEGAL LANDSCAPE

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…

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]

In Small, 613 current and former employees of defendant University Medical Center (“UMC”) brought an employment…

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 Civil Procedure (and state counterparts).  But before…

Information Governance: The Key to Surviving and Limiting Costs in E-Discovery

“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,…

Should the Jury Decide "Intent to Deprive" in Spoliation Sanction Issues? <Em>Woods v. Scissons</Em> 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 filed a § 1983 action against Officer Scissons alleging that Scissons struck Woods several times…

Anticipation of Litigation Advisor

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…

5+ Tips for Managing E-Discovery Costs for a Small Case

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…

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 spoliation of electronically stored information (“ESI”).[2]  This decision indicates the importance of…

A Cautionary Tale About the Importance of Staying on Top of Emails <EM>Madison v. United States Dept. of Labor</EM> 924 F.3D 941 (7th CIR. May 24, 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…

Anticipation of Litigation Advisor

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…

Beyond litigation: The use of e-discovery tools in the transactional practice

The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs savings. Although such investment was originally driven by the needs of litigators…

 

© 2020 Jackson Kelly PLLC. All Rights Reserved.