Blog Categories

Blog Archives

Author Archives: Cynthia Augello

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, […]

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 […]

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

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 […]

Litigants: Are You Abiding by the New ABA Rules Regarding Legal Technology?

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

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!

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

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”

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?

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 […]