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…
July 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…
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. …
June 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…
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,…
May 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…
May 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…
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…
July 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…
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. …
June 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…
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,…
May 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…
May 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…
