It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic Discovery: Avoiding Disaster” to ensure that it remains up-to-date. Typically, in doing so, we tend to check the Zubulake line [...]
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Author Archives: Cynthia Augello
Litigants: Are You Abiding by the New ABA Rules Regarding Legal Technology?
March 29, 2013 – 12:55 pm
On August 6, 2012, the American Bar Association’s (“ABA”) House of Delegates voted to amend the comment to its Model Rule of Professional Conduct (“MRPC”) Rule 1.1, which governs lawyer competence. In amending Rule 1.1 the ABA sought to make clear that a lawyer’s skill set must include knowledge of the benefits and risks associated [...]
Notice to Litigators: Requests for Social Media Must Be Made During Discovery
February 5, 2013 – 6:22 pm
Guzman v. Farrell Building Co., et al, No. 06-8462, (N.Y. Sup. Ct. October 3, 2012). On October 3, 2012, Suffolk County Supreme Court Justice Hector D. LaSalle reminded litigators of the importance of following proper discovery practice when requesting social media content. The case, Guzman v. Farrell Building Co., et al, highlights the consequences for [...]
Happy Holidays!
December 21, 2012 – 6:43 pm
To all of our colleagues, business associates, clients, and especially our readers, we would like to take this opportunity to extend our warmest holiday wishes to you and your family. Sincerely, Cullen and Dykman’s E-Discovery Department
S.D.N.Y. Sanctions Ryan Leslie for Negligently Destroying His Laptop’s Hard Drive
December 14, 2012 – 8:20 pm
Augstein v. Leslie, 2012 U.S. Dist. LEXIS 149517 (S.D.N.Y. Oct. 17, 2012). It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not often that we see [...]
Idaho Court Warns Plaintiff That Their Litigation Hold Policies Are “Clearly Unacceptable”
November 13, 2012 – 4:50 pm
Scentsy, Inc. v. B.R. Chase, L.L.C., et al, 2012 U.S. Dist. LEXIS 143633 (D. Idaho Oct. 2, 2012). Our e-discovery department has often expressed concern regarding the importance of when and how to preserve potentially relevant evidence by implementing effective litigation holds. Here is why – on October 2, 2012, a United States District Court [...]
What is a “Clawback” Agreement?
October 22, 2012 – 8:15 pm
We recently talked about how judges may deny overly broad discovery requests and the effect of performing ineffective searches on data. Well, what happens if a party creates the perfect search, reviews the documents that are responsive to those searches, and inadvertently produces something that should have been marked as privileged? In general, the duty [...]
Performing Boolean Searches in Adobe Reader Across Multiple PDF Files
September 6, 2012 – 3:42 pm
Being well-versed in e-discovery, friends and staff members often ask questions regarding various programs and their search capabilities. Through these conversations, it became apparent that a majority of computer users do not understand the full functionality that is built into Adobe Reader. As such, I decided to put together a quick blog post introducing a [...]
Twitter Responds to Criminal Judge’s Decision to Deny a Defendant’s Motion to Quash Subpoena on Third Party Website
May 26, 2012 – 12:57 pm
The People of the State of New York, v. Malcolm HARRIS, –N.Y.S.2d–, 2012 WL 1644956 (N.Y. City Crim.Ct. May 7, 2012) On May 15, 2012, we discussed a New York criminal court’s decision to deny Defendant Malcolm Harris’ (aka @destructuremal on Twitter) motion to quash a subpoena issued to Twitter by the District Attorney. The [...]
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, [...]