Joseph Francoeur

February 05, 2018 | The Legal Intelligencer

Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.

By Joseph Francoeur, Michelle Vizzi and Sade A. Forte

8 minute read

March 16, 2015 | New York Law Journal

Joseph Francoeur, a partner at Wilson Elser Moskowitz Edelman & Dicker, writes: Compliance with the duty to preserve requires an "active partnership" between the attorney and the client. As such, an attorney cannot rely on any letter, much less a form letter.

By Joseph Francoeur

14 minute read

March 15, 2015 | New York Law Journal

Joseph Francoeur, a partner at Wilson Elser Moskowitz Edelman & Dicker, writes: Compliance with the duty to preserve requires an "active partnership" between the attorney and the client. As such, an attorney cannot rely on any letter, much less a form letter.

By Joseph Francoeur

14 minute read