Anticipation of Litigation AdvisorAdmissibility 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… To What Extent Does the Mediation Privilege Protect Communications with the Mediator? Location MattersNovember 15, 2018 At the beginning of most mediations, parties routinely hear that any information shared in the mediation is confidential and that the mediator cannot be called into court as a witness to testify regarding what occurred at mediation. Many states have mediation statutes or rules to this effect, and the parties may execute a mediation agreement embodying these concepts. The idea is to allow for… The General Data Protection Regulation Reaches Far Beyond the EUOctober 23, 2018 The European Union’s1 General Data Protection Regulation (“GDPR”),2 effective May 25, 2018, has created a shift in data privacy regulation. As the economy has become more globalized, political officials in EU member nations are concerned that their citizens’ personal data has been exploited without their knowledge or approval by companies around the world. What is the GDPR? Adopted in April 2016,… Jackson Kelly PLLC Blog: Anticipation of Litigation AdvisorOctober 23, 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. The General Data Protection Regulation Reaches Far Beyond the EU The European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, has created a shift in… Planning for Data BreachesOctober 23, 2018 Data breaches are a serious risk, and organizations should allocate resources to prevent them. However, although extremely important, a company should consider more than prevention alone. Businesses allocate significant resources to prevent accidents, disasters, and other undesirable events, including data breaches. However, such events inevitably still happen. For this reason, organizations must… 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… Best Practices to Minimize Exposure to Bankruptcy Preference ActionsAugust 21, 2018 The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to sue creditors to recover transfers made by the debtor within the 90-day period before the bankruptcy case was filed, commonly referred to as the “preference period.”1 Clients often think it is unfair to be required to give back a transfer that they rightfully received from the debtor in… 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… |
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