The People of the State of New York, v. Malcolm HARRIS, —N.Y.S.2d—, 2012 N.Y. Slip Op. 22109 (N.Y. Crim. Ct. Apr. 20, 2012). Data obtained from social networking websites continues to become more essential to developing a parties’ case. Production of that data, however, has become more burdensome for the companies developing the technology. For [...]
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Blog Archives
Facebook “Likes” Are Not Protected Speech Under the First Amendment
May 11, 2012 – 8:59 pm
Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent [...]
The Roger Clemens Perjury Trial: Document Gaffe Highlights Importance of PDF Filings
May 4, 2012 – 5:00 pm
The Roger Clemens Perjury Trial: Document Gaffe Highlights Importance of PDF Filings May 4, 2012- This week marks the third week of the Roger Clemens perjury trial in the United States District Court for the District of Columbia. Recent events have provided a stark lesson in litigation practice and procedure for both Roger Clemens as [...]
Are Litigation Hold Letters Discoverable?
April 23, 2012 – 5:27 pm
Tracy v. NVR, Inc., 2012 U.S. Dist. LEXIS 44350 (W.D.N.Y. Mar. 26, 2012) To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted the Major Tours, Inc.principle that litigation hold [...]
E.D.N.Y. Rules on Firm’s Ethical and Legal Obligations to Preserve Former Client’s Emails
April 20, 2012 – 4:59 pm
FDIC. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). Last month, the Eastern District of New York ruled on the ethical and legal obligations of a firm to preserve their former client’s emails in Federal Deposit Ins. Corp. v. Malik, 2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012). In FDIC v. Malik, [...]
Plaintiffs in Da Silva Moore Request Judge Peck’s Recusal
April 17, 2012 – 2:14 pm
Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 23, 2012, we wrote a blog post in regards to Judge Peck’s decision in Da Silva Moore, which ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding. After the order was issued, [...]
Failure to Act Promptly in Rectifying an Inadvertent Disclosure May Waive Privilege
April 13, 2012 – 5:23 pm
Jacob v. Duane Reade, Inc., 2012 U.S. Dist. Lexis, 11 Civ. 0160 (February 28, 2012) The Plaintiffs in this action are Assistant Store Managers who are pursuing a collective action under the Fair Labor Standards Act (“FLSA”) for overtime wages against Duane Reade, Inc. and Duane Reade Holdings, Inc. (“Duane Reade”). On February 28, 2012, [...]
New York Appellate Division Adopts Zubulake Standard to Determine Which Party Should Bear the Cost of Producing ESI
March 20, 2012 – 4:54 pm
U.S. Bank Natl. Assoc. v. GreenPoint Mortgage Funding, Inc., 2012 N.Y. Slip Op 01515 (N.Y. App. Div. Feb. 28, 2012). Large scale document production, in particular production involving an extensive amount of electronically stored information (“ESI”) has come to the forefront of discovery news lately in New York. We discussed the Appellate Division for the [...]
Magistrate Judge for the E.D.N.Y. Denies Request to Compel Party to Turn Over Facebook Login Information
March 5, 2012 – 9:50 pm
Davids v. Novartis Pharm. Corp., No. CV06-0431, (E.D.N.Y. February 24, 2012) In a short opinion on February 24, 2012, the Eastern District of New York ruled on whether the plaintiff in her claim against a pharmaceutical company could be compelled to turn over her Facebook account’s login username and password. Davids v. Novartis Pharm. Corp., [...]
Southern District of New York Addresses Predictive Coding During E-Discovery
February 23, 2012 – 8:05 pm
Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 8, 2012, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York heard the parties in Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012) and ordered [...]