The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena.
Discovery in the United States is much more broad than other common law countries. While such differences in approach pose challenges in terms of cross-border discovery, our recent…
Second Circuit Vacates Defendant’s Conviction Due to Government’s Failure to Authenticate Social Media Evidence
The Second Circuit Court of Appeals has reversed a conviction for unlawful transfer of a false identification document (a forged birth certificate) because the district court abused its discretion and committed error in admitting a Russian social media page — akin to Facebook — that the government failed to authenticate as required by Federal Rule of Evidence 901.
Contractors know that discovery is the most time-consuming and expensive part of litigation. Until now, the Federal Rules of Civil Procedure have done little to address the problem. Parties that preserve too much data are burdened with the cost of collecting and reviewing it.
Recently I was contacted to help on a party’s Motion to Compel Further Responses to Form Interrogatories, Requests for Production of Documents, and Requests for Admissions.
Twitter’s ubiquitous 140-character-or-less tweets are not, the company argues, sufficiently similar to email or other forms of stored electronic information to warrant lumping them together with the likes of Google, Microsoft, Facebook, Yahoo!, or Apple, all of which have agreed to restrictive limitations on their public reporting of government surveillance.
Companies who utilize cloud vendors to store their data on cloud-based applications should be advised: failing to understand the application’s storage and retrieval capabilities, and failing to preserve such data during litigation could lead to sanctions for both the company and its counsel.
Controlling legal spend is a frequent and important topic of discussion, especially among in-house counsel and their litigation teams. Much of the discussion focuses on the problem of soaring discovery costs driven by the proliferation of electronic data.
Since the plaintiff did not a file a lawsuit against John Doe, the Texas trial court had no jurisdiction to allow the plaintiff to take the deposition of “Trooper,” an anonymous blogger who launched on on-line attack on the CEO of a company who lives in Houston. In the case of In Re John Doe a/k/a “Trooper” on August 29, 2014 the Texas Supreme Court ruled 5-4 the pre-litigation discovery seeking John Doe’s identity is unacceptable in Texas, and the discovery to learn the identity of John Doe can only proceed if a lawsuit is filed.
Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence.