Blog Categories

Blog Archives

Dangers of Social Media

As an advertising tactic, most companies utilize various social media platforms to foster connections with their target markets. It is certainly not unusual for a company to have its own Facebook or Twitter account. These varying social media outlets allow for companies to advertise in real time. For example, hardware megastore giant Home Depot has […]

N.J. Court Rules: Texters Can Be Found Liable for Texting and Driving from Their Living Room—The Implications for E-discovery

Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.” On August 27, 2013 that was the ruling in the case, […]

Cyber-bullies charged with Distributing Child Pornography in Canada

In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being raped at a party back when she was 15 years old in November of 2011. According to Parsons’ parents, […]

When Cleaning Up Your Facebook Can Lead to Dirty Consequences

In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing business attire as opposed to sweatpants; or maybe, tell a client to remove […]

Committee Proposes “Specificity Requirement” to Federal Rule of Civil Procedure 34 (b)

 What kind of impact can be expected from the “Proportionality Discovery Proposals?”  These Proportionality Discovery Proposals refer to the proposed amendments to the Federal Rules designed to balance the benefits of discovery derived by one party with the other party’s burdens to meet those benefits.  To minimize the number of objections and the confusion that […]

Proposed Proportionality Amendment to Federal Rule of Civil Procedure 26(b)(1)

On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. As part of these revised amendments, the Committee has proposed a series of revisions referred to […]

What is the Difference between an Adverse Sanction and an Adverse Instruction?

In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case. But what happens when that evidence is unavailable or goes missing? The Second Circuit addressed one of the possibilities to this issue in Mali v. Fed. Ins. Co, No. 11-5413, 2013 WL 2631369 (2d […]

Committee Proposes to Narrow Spoliation Sanctions under Federal Rule of Civil Procedure 37(e)

On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37.  To see the proposed changes to the Proportionality Amendments, Rule 26(b)(1) or Rule 34, please click […]

Judge “X” has Added You as a Friend

With the advent of electronic social media “ESM”, Judges are no stranger to communications through social media sites such as Facebook. Judges who utilize social media networking sites are bound by the American Bar Association (“ABA”) Model Code of Judges (the “Code”). The Code states that judges should avoid any contact that could jeopardize, or […]

Circuit Split Exists Regarding Costs of E-discovery under 28 U.S.C. § 1920(4)

Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents. The source of the conflict is derived from Federal Rules of Civil Procedure (“Rule”) 54(d)(1) and 28 U.S.C. § 1920 (“§ 1920”) also known as the Cost Statute. Rule 54(d)(1) […]