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Author Archives: James G. Ryan

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 […]

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 […]

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 […]

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) […]

E-Discovery of Digital Images and Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life.  Not only can these devices guide you through the vast array of potential restaurants, transit systems, social events and shopping centers, they can also capture these moments in digital images and […]

Court Awards Defendants $2.8 Million in Computer-Assisted Review Fees

Gabriel Technologies Corp., et. al, v. Qualcomm Inc., et. al, 08CV1992 AJB MDD, 2013 WL 410103 (S.D. Cal. Feb. 1, 2013). On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated […]

Cyber-Attack

Imagine the power grid shutdown, transportation at a standstill, and a contaminated water supply all occurring at once. These collective disasters Janet Napolitano, United States Homeland Security Secretary, cautioned, could result from a major cyber-attack. Napolitano noted that such an attack could have a tremendous impact equivalent to Superstorm Sandy that crippled the Northeast. Napolitano […]

How to Navigate Social Media Discovery in New York

With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of social media discovery has become common, the question becomes how to go about making a request and physically […]

Fourth Circuit Rules Emails Sent from Husband’s Work Address to His Wife Are Not Privileged

United States v. Hamilton, 701 F.3d 404, 2012 U.S. App. LEXIS 25482 (4th Cir. Va. 2012) On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer. In United States v. Hamilton, a jury […]

OCA Proposes Amendments to Extend the Discussion of e-Discovery Issues to non-Commercial Division Cases

In a memorandum issued on January 7, 2013, the New York Office of Court Administration (“OCA”) proposed amendments to both the Uniform Rules of the Trial Courts (22 NYCRR § 202.12(b) and (c)(3)) and the Rules of the Commercial Division (22 NYCRR § 202.70(g)). The amendment to § 202.12(b) will extend the requirement that counsel discuss e-discovery […]