Anticipation of Litigation AdvisorElectronic DiscoveryAdmissibility of Electronic EvidenceNovember 15, 2018 A party may wish to introduce several types of electronic evidence at trial, including email, text messages, and instant messages; digitally stored data; digital photographs; and social media information. Multiple rules of evidence will apply in these scenarios. However, the admission of electronic evidence requires navigating a number of hurdles presented by the Federal Rules of Evidence. Hurdle… Jackson Kelly PLLC Blog: Anticipation of Litigation AdvisorNovember 15, 2018 Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation. Admissibility of Electronic Evidence by Sarah Phipps A party may wish to introduce several types of electronic evidence at trial, including email, text messages, and instant… Are an Employee’s Text Messages Discoverable?September 26, 2018 Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests must be cognizant of whether their employees’ devices should be preserved and collected to review for electronically stored data. As a general matter, to be discoverable, a document must be within the control of the party from whom the request is made. While there are… Technology-Assisted Review Continues to Develop as E-Discovery ToolSeptember 26, 2018 As the volume of digital documents involved in litigation discovery has expanded and the desire of clients to limit the time and costs associated with discovery has increased, many attorneys have shifted from manual document review to computer-assisted review facilitators such as concept clustering, threading, and search. This more automated approach to document discovery continues to evolve with… Jackson Kelly PLLC Blog: Anticipation of Litigation AdvisorSeptember 26, 2018 Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation. Are an Employee’s Text Messages Discoverable? Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests… Direct-To-Consumer Ancestral and Genetic Testing: Newest Wrinkle in Civil Litigation?August 21, 2018 Consumer DNA testing services have surged in popularity in recent years. One report estimates that the market could triple in value from $99 million in 2017 to $310 million by 2022.1 Companies like 23andMe, AncestryDNA, Family Tree DNA and MyHeritage provide direct-to-consumer genetic testing services for individuals interested in learning about and exploring their DNA. With direct-to-consumer… Jackson Kelly PLLC Blog: Anticipation of Litigation AdvisorAugust 21, 2018 Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation. Best Practices to Minimize Exposure to Bankruptcy Preference Actions The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to… Anticipation of Litigation Advisor - July 2018July 24, 2018 Waiver of Privilege-Protected Email Communications by Voluntary Disclosure:
The Duty to Preserve Metadata: Leidig v. BuzzFeed, Inc. 1:16-cv-00642 (S.D.N.Y. Dec. 19, 2017)July 24, 2018 Leidig v. Buzzfeed, Inc. serves as a cautionary tale to demonstrate the critical importance of preserving evidence and its embedded metadata1 during discovery. In this defamation case, evidentiary sanctions were imposed following plaintiffs' negligent and "amateurish" preservation efforts. The plaintiffs admitted they made "no special effort" to preserve evidence for the defamation case they… Preservation of Mobile Device Data in Anticipation of LitigationJune 18, 2018 Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte1 reported that Americans collectively were checking their smartphones around 8 billion times per day.2 In 2017, Deloitte reported that individual Americans check their phones… Anticipation of Litigation Advisor - June 2018June 18, 2018 Preservation of Mobile Device Data in Anticipation of Litigation By: Sarah A. Phipps Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte reported that Americans collectively were checking their smartphones around 8 billion times per day. … Anticipation of Litigation Advisor - May 2018May 22, 2018 Welcome to the first edition of Jackson Kelly’s new blog, Anticipation of Litigation Advisor. Look for this publication each month and enjoy cutting edge tips to ensure your company is #prepared for litigation.
The work-product doctrine generally protects from discovery by an adverse party any materials prepared by or for a party,… |
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