E-discovery is a subject we don’t talk about a lot on the LexBlog Network, and I’m not really sure why that’s the case. Electronic discovery is at the backbone of all litigation nowadays and, with constantly-changing technology, the space is rapidly evolving.
Think Before You Send: Communications to an Attorney Using Work Email May Not Be Protected Under the Attorney-Client Privilege
Generally, a confidential email sent to one’s personal attorney is protected under the attorney-client privilege.
Takeda Part Two: Destroy Evidence, Pay the Price — Eli Lily and Takeda Pharmaceutical Co. Get Hit for $9 Billion Punitive Damages Verdict
Recently, in In re Actos (Pioglitazone) Products Liability Litigation, MDL No. 11-2299, a Louisiana federal jury awarded $9 billion in punitive damages against Takeda Pharmaceutical Co. (“Takeda”) and Eli Lily & Co. (“Lily”).
As was reported on this blog just last week, the Advisory Committee on Civil Rules met on April 10th and 11th to review proposed amendments to the Rules of Civil Procedure, including recommended changes to those proposed amendments as published for public comment.
An opinion from Judge Rebecca Doherty in In re Actos (Pioglitazone) Products Liability Litigation, MDL No. 11-2299, provides valuable lessons on the consequences of drafting overly-broad litigation hold notices, as well as the importance of providing evidence from knowledgeable witnesses in defense of document retention procedures.
In 2006, responding to terrorist attacks in London and Madrid, the European Commission impelemented a data retention directive (the “Directive”) seeking to harmonize EU member states’ retention of certain electronic data that is generated or processed by providers of electronic communications services or public communications networks.
Following Public Comment, Changes Recommended to the Proposed Amendments to the Federal Rules of Civil Procedure
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published.
Recently, a Florida appellate court held that a former headmaster was not entitled to an $80,000 payment pursuant to a settlement agreement with his former employer, all thanks to his chats with his daughter about the settlement, and her subsequent Facebook post bragging about the settlement.
I was struck reading a recent ABA article that a Federal Judge, U.S. Magistrate Judge James C. Francis, advised that lawyers are ”no longer going to be able to conduct litigation of any complexity without understanding e-discovery.”
The United States Equal Employment Opportunity Commission (EEOC) recently held a meeting to gather information about the growing use of social media and how it impacts the laws the EEOC enforces.