November 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…
November 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…
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…
September 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…
September 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…
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…
August 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…
July 24, 2018
Waiver of Privilege-Protected Email Communications by Voluntary Disclosure:
The “Common Interest” Exception
by Spencer Tanner
On a macro level, the discovery process provides a litigant with a number of devices (i.e., interrogatories, requests for production of documents and admissions, depositions) to compel disclosure of information from another person. In federal court,…
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…
June 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…
June 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. …
May 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,…
November 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…
November 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…
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…
September 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…
September 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…
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…
August 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…
July 24, 2018
Waiver of Privilege-Protected Email Communications by Voluntary Disclosure:
The “Common Interest” Exception
by Spencer Tanner
On a macro level, the discovery process provides a litigant with a number of devices (i.e., interrogatories, requests for production of documents and admissions, depositions) to compel disclosure of information from another person. In federal court,…
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…
June 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…
June 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. …
May 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,…
