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National Law Journal

'Please Disregard': Alex Jones' Attorneys Want to Claw Back Leaked Evidence

The motion was filed after a damning day of testimony when texts from the phone were used against Jones while he testified.
3 minute read

New York Law Journal

Forensic Examination Rejected as Not Proportional

In 'Tireboots v. Tiresocks', instead of submitting a request for production of certain materials, the requesting party asked to directly access the responding parties' systems through forensic examination. The court ultimately denied this request, finding it was not proportional to the needs of the case.
5 minute read

Legaltech News

How to Lose a Privilege In 10 Steps (Or Fewer): Recent Case Clarifies Scope of FRE 502(d) and Marital Privilege

The latest opinion in the discovery saga of DR Distributors reflects the limits of orders under Federal Rule of Evidence 502(d), application of marital communications privilege, and some cautionary lessons about inconsistent redactions and defending a privilege review process.
6 minute read

New York Law Journal

8 New York DAs Haven't Applied for Payment of Discovery Reform Costs, as 2nd Round of Earmarks Approach

The holdouts have left a combined $4.18 million on the table thus far, according to figures from the Division of Criminal Justice Services. A total of $34.5 million has been disbursed, the state agency said.
6 minute read

The Recorder

Weighing Sanctions Against Gibson Dunn, Judge Questions Facebook's Lawyers Again as Deposition Disputes Persist

U.S. District Judge Vince Chhabria, who has a Sept. 2 sanctions hearing set against Facebook and its lawyers at Gibson Dunn, threatened to intervene again after corporate witnesses, according to plaintiffs attorneys, remained unable to answer questions during depositions.
5 minute read

The Legal Intelligencer

Discovering Cellphone and Social Media Data: Three Recent Opinions

Despite the extensive use of electronic communications, there remains a dearth of developed case law addressing the discoverability of cellphone data and social media posts.
6 minute read

New York Law Journal

Expert Ambiguity in the CPLR

While empowering the courts with the discretion to resolve pre-trial disclosure controversies on a case-by-case basis is an important policy objective of NY CPLR 3101(d), which governs the exchange of expert disclosures in litigation, the ambiguity built into the statute as written allows for mischief in the margins.
8 minute read

Legaltech News

New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies

As reflected in the recent In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation case, noncompliance with preservation provisions in an ESI protocol can expose parties to severe sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).
6 minute read

Connecticut Law Tribune

Defendant's Statements to Police in the Hospital Should Have Been Suppressed, Court Rules

"We conclude that the police officers' questioning of the defendant constituted interrogation for the purposes of 'Miranda' because the police officers should have known that their questions reasonably were likely to elicit incriminating statements from the defendant," Judge Eliot D. Prescott wrote on behalf of the appellate court.
5 minute read

New York Law Journal

Trump Family Depositions in New York AG Investigation Placed on Hold Due to Ivana Trump's Death

The former president, Donald Jr. and Ivanka were set to begin testifying Friday through next week, pursuant to subpoenas from New York AG Letitia James, who is conducting a civil investigation into the Trumps' business practices.
2 minute read

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