CLE Seminar – Admitting Electronic and Computer Evidence Birmingham Bar Center, Birmingham, AL June 15, 2012 11:00 AM – 1:30 PM Background: CLE Seminar – Admitting Electronic and Computer Evidence Source: original article Author: d4admin Categories: Electronic discovery, e-discovery, ediscovery This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available [...]

Breaking News: Court Clarifies Duty to Preserve Evidence, Denies eDiscovery Sanctions Motion Against Pfizer It is fortunately becoming clearer that organizations do not need to preserve information until litigation is “reasonably anticipated.” In Brigham Young University v. Pfizer (D. Utah Apr. 16, 2012), the court denied the plaintiff university’s fourth motion for discovery sanctions against [...]

Criminal Law: The Fairness in Disclosure of Evidence of 2012 I remember when I was in law school, a close friend wanted to be a criminal defense attorney. When he would mention this at the cafeteria lunch table, the reaction was always the same: “Really, you want to represent criminals?”  “Sure they deserve a defense, [...]

CLE Seminar – Admitting Electronic and Computer Evidence Birmingham Bar Center, Birmingham, AL June 15, 2012 11:00 AM – 1:30 PM Background: CLE Seminar – Admitting Electronic and Computer Evidence Source: original article Author: d4admin Categories: Electronic discovery, e-discovery, ediscovery This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available [...]

Lester v. Allied Part 2: “Clean Up” of Compromising Social Media Evidence Can Result in Severe Sanctions Though some practitioners might be in denial, the follow-up sanctions orders in Lester v. Allied Concrete Co. et al. dated May 27, 2011 and September 23, 2011 should leave no room for doubt that preservation of social media [...]

Show Me The Evidence – Use of Social Media Information at Trial A defendant in an employment action discovers through Facebook that a plaintiff has lied about her discrimination claim. The information essentially undermines plaintiff’s entire claim. However, such information does not make it to a factfinder at trial unless the evidentiary foundations can be [...]

Judge Grimm Authors Tutorial on Federal Rule of Evidence 502 Magistrate Judge Paul W. Grimm, a renowned authority on e-discovery, recently published an article in the Richmond Journal of Law and Technology discussing Federal Rule of Evidence 502. Judge Grimm’s article, “Federal Rule of Evidence 502: Has It Lived Up To Its Potential?,” provides a [...]

Court Rejects Refusal to Issue Litigation Hold Before 26(f) Conference, Orders Litigation Hold on All Evidence Reasonably Related to Pending Litigation Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) In this case, plaintiff came to believe, based on defendant’s comments and refusal to issue a [...]

When Does the Duty to Preserve Electronic Evidence Arise? The duty to preserve electronic evidence is triggered once a party “reasonably anticipates” litigation. Silvestri v. GMC, 271 F.3d 583, 591 (4th Cir. 2001);  Pension Committee of the Univ. of Montreal Pension Plan v. Banc of Am. Securities, LLC, 685 F. Supp. 2d 456, 466 (S.D.N.Y. 2010). At [...]

DuPont v. Kolon: A Lesson In How To Avoid Sanctions For Spoliation Of Evidence Two recent decisions in the same case illustrate that, when it comes to imposing sanctions for spoliation of evidence, what matters is not simply whether you’ve intentionally deleted relevant evidence, but how you go about deleting it, and what the record [...]