Fawcett v. Altieri, et al, No. 100008-12, (N.Y. Sup. Ct., Richmond County January 11, 2013). Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive office. In Fawcett v. [...]
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Author Archives: Justin Capuano
Court Quotes Mark Zuckerberg’s Opinion of Where Privacy is Going on the Web
February 19, 2013 – 9:20 pm
FCC Releases a “Smartphone Security Checker” to Help Consumers Protect Their Mobile Devices
January 11, 2013 – 7:25 pm
In the world of electronic data, the information we send and receive is not limited to solely computer generated files, but also includes information stored on mobile devices. As this technology advances, so does the importance of protecting against unwanted intrusions. On December 18, 2012, the Federal Communications Commission (“FCC”), and its public and private [...]
Can I Use Archive.org to Authenticate Electronic Evidence?
November 21, 2012 – 7:56 pm
In today’s world, websites are often used as evidence during litigation. A problem, however, arises because they can easily be changed by a simple click of the mouse. Take this blog for example. I can post this article today, and then tomorrow alter it by logging into WordPress and making edits in the TinyMCE WYSIWYG [...]
Court Orders Responding Parties to Demonstrate Why ESI Is Not “Reasonably Accessible”
October 26, 2012 – 6:35 pm
Murray v. Coleman, et al., 2012 U.S. Dist. LEXIS 130219 (W.D.N.Y. Sept. 12, 2012). On September 12, 2012, a District Court for the Western District of New York ruled that a Defendant had thirty days to file an affidavit detailing why certain electronically stored information (“ESI”) was not “reasonably accessible” as required by Rule 26(b)(2)(B) [...]
Court Determines Requests for Defendant’s Social Media Posts Were Overly Broad
October 5, 2012 – 2:12 pm
Mailhoit v. Home Depot USA Inc., No. CV 11-03892 DOC, (C.D. Calif. Sept. 7, 2012). On September 7, 2012, the U.S. District Court for the Central District of California determined that a majority of a Defendant’s discovery request were not reasonably calculated to lead to the discovery of admissible evidence because they did not meet [...]
Can Twitter Protect a User’s Information?
May 15, 2012 – 1:33 pm
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 [...]
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., [...]
Do Companies Actually Preserve Social Media?
November 15, 2011 – 9:24 pm
Since 2004, Fulbright & Jaworski L.L.P. has released a survey titled “Litigation Trends,” which tracks the current trends in litigation for corporate counsel. The 2011 survey gathered input from 405 in-house counsels, including 275 U.S. respondents, and provided some useful insight for e-discovery practitioners. Here are some of the findings in regards to issues involving [...]
Court Rules Privilege Waived due to Party’s Laissez-Faire Approach to Discovery
August 30, 2011 – 5:03 pm
Thorncreek Apartments III, LLC v. Vill. of Park Forest, Nos. 8 C 1225, 08-C-0869, 08-C-4303, 2011 WL 3489828 (N.D. Ill. Aug. 9, 2011) In a recent Northern District of Illinois decision, District Judge Feinerman held that a defendant’s privilege was waived with respect to inadvertently produced documents after the defendant took a laissez-faire approach to [...]