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New Jersey Law Journal

Worker Injury in the 'Internet Workplace'

Courts have expanded employer liability for foreseeable acts of its employees, thus significantly increasing employer liability for Internet workers.
6 minute read

New Jersey Law Journal

Socially Acceptable: The Perils of Social Media Discovery

Social media discovery requests are increasing, but courts are still arguing profile authentication and where privacy expectations stop.
7 minute read

New York Law Journal

New Developments in ESI Preservation and Spoliation

In his State E-Discovery column, Mark A. Berman discusses three recent trial court cases in which courts have had to balance one party's clear and admitted wrongful conduct with the prejudice actually suffered by the moving party in order to achieve a result that appropriately "punishes" the infractor and awards the wronged party with a proportionate remedy.
10 minute read

New York Law Journal

Soto v. The City of New York et al.

By | November 03, 2015
Plaintiffs Must Authorize Oral Discussion of Medical Information With Defense Under HIPAA
1 minute read

National Law Journal

Wilmer Cutler Pickering Hale and Dorr

Bill Lee and Michael Summersgill stuck with an overarching theme in their winning defense of Ford Motor Co. against patent plaintiffs seeking hundreds of millions of dollars.
2 minute read

National Law Journal

Covington & Burling

Covington & Burling partner Paul Schmidt relies on a simple formula to score major victories for pharmaceutical companies facing high-stakes litigation.
2 minute read

New York Law Journal

Guilty Plea Doesn't End Bid for Apple Phone Decryption

Earlier this month, federal prosecutors asked a magistrate judge to compel Apple to decrypt a locked smartphone pursuant to the All Writs Act. The smartphone owner pleaded guilty Thursday, but the U.S. Attorney's Office for the Eastern District still wants to know what's on his cell phone.
2 minute read

New York Law Journal

Ethical E-Discovery: Core Competencies for New York Lawyers

Samantha V. Ettari and Noah Hertz-Bunzl write: While technology may sometimes daunt even the most experienced and knowledgeable litigator, the impact of technology on the demands and realities of discovery cannot be ignored or minimized.
11 minute read

New Jersey Law Journal

Proposal Burdens Recipient in Ethics of Metadata E-Discovery

A newly proposed adjustment to ethics rules, if adopted, would permit attorneys to access the embedded metadata of documents produced in electronic discovery, but only as long as the metadata doesn't appear to have been transmitted in error—the same way New Jersey lawyers have been required to treat the paper and electronic documents themselves.
6 minute read

National Law Journal

Let Company Witnesses Work from a Script

The person designated to give a deposition for an organization can't possibly know all the answers.
5 minute read

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