Anticipation of Litigation AdvisorAnticipation 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… Waiver of Privilege-Protected Email Communications by Voluntary Disclosure: The "Common Interest" ExceptionJuly 23, 2018 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, litigants’ use of these devices is limited to matters that are “relevant to any party’s claim or defense” and “proportional to the needs of the… 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. … Challenges of Seeking Substance Use Disorder Data in Civil Litigation: What You Need to KnowJune 18, 2018 As America’s opioid crisis endures, the procurement of substance use disorder data has become an increasingly common element of litigation and discovery. A Substance use disorder is defined as a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems such as impaired control, social… 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,… "This Email Will Self-Destruct in Five Seconds": Benefits and Risks of Self-Destructing Electronic CommunicationsMay 17, 2018 “This message will self-destruct in five seconds.” This is probably the most recognizable quote from the Mission Impossible movie franchise and television series. Once thought of as futuristic and far-fetched, self-destructing messaging is a very real application in 2018. Although you won’t experience a cool miniature explosion or puff of smoke from your computer or smart device, self-destructing… “In Anticipation of Litigation” May Not Mean What You ThinkMay 17, 2018 The work-product doctrine generally protects from discovery by an adverse party any materials prepared by or for a party, including by in-house counsel, “in anticipation of litigation.” As originally articulated by the United States Supreme Court in 1947, the doctrine was intended to protect from discovery written statements, private memoranda and personal recollections prepared by an attorney in… |
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