Even Private Facebook Posts Can Come Back to Haunt You:
Discoverability of Private Facebook Profiles
It’s no surprise that Facebook is king of social media. Facebook has—as of December 2018—1.52 billion daily active users and 2.32 billion monthly active users.[1] Twitter, by way of comparison, has 126 million daily active users,[2] and Instagram has around 500 million.[3] Users post…
Today, people share information constantly. E-mail is the most popular means of sharing information in a professional setting, but many businesses and law firms also use “share sites” to send and receive files, particularly large files. Law firms often need share sites to collaborate with others on document-intensive projects like transactions or document productions. Law firms spend significant…
It’s no surprise that Facebook is king of social media. Facebook has—as of December 2018—1.52 billion daily active users and 2.32 billion monthly active users.[1] Twitter, by way of comparison, has 126 million daily active users,[2] and Instagram has around 500 million.[3] Users post fifty-five million Facebook status updates each day. Given Facebook’s massive presence in our daily lives, it’s no…
There it is: The fallback position, usually expressed with exasperation. "Because I don’t understand the words they use in e-discovery. And I have heard that e-discovery is expensive. And we all understand how to use PDF." (Click Here to Read More)
Protect Yourself from Your Protective Order
Every litigator has a standard Agreed Protective Order or…
There it is: The fallback position, usually expressed with exasperation. “Because I don’t understand the words they use in e-discovery. And I have heard that e-discovery is expensive. And we all understand how to use PDF.”
Producing emails and other electronically stored information in portable document format (PDF) is certainly permissible if the parties agree to it. Though printing each…
Every litigator has a standard Agreed Protective Order or Confidentiality Agreement they turn to when it comes time to exchange written discovery and documents. You try to remember the last case you used it in, find it in your document database, change the caption, and voila!, you are ready to go. If you are like most, you may have followed that same practice many times over, which means that…
Redaction, the editing of a document to hide portions to prevent public view, has been in the news. Recently, in a high profile filing in a criminal case, the failure to properly redact a document resulted in public access to information that should have been sealed. As noted in the Washington Post and other papers, a filing by counsel for Paul Manafort inadvertently…
Redaction, the editing of a document to hide portions to prevent public view, has been in the news. Recently, in a high profile filing in a criminal case, the failure to properly redact a document resulted in public access to information that should have been sealed. As noted in the Washington Post and other papers, a filing by counsel for Paul Manafort inadvertently disclosed that he shared 2016…
Typically, when lawyers think about Rule 34 of the Federal Rules of Civil Procedure, they think about production of paper and electronic documents. Although not common, Rule 34 can also be the basis for permitting an actual inspection of the electronic devices of an opposing party.
Forensic Inspection Ordered
A recent case from the Southern District of California provides one such example. See…
James Marshall Hendrix, better known as “Jimi,” who many consider the greatest guitarist of all time, died of a drug overdose at age twenty-seven. Given the guitarist’s hard-charging life, Jimi Hendrix – to the shock of no one - died intestate. His heirs have been embroiled in litigation ever since, and the latest chapter in this saga involves the trademark usage of his name and likeness.…
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that operates with artificial intelligence. When a…
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that…