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Legaltech News

Where E-Discovery Fits in Today's In-House Incident Response: A Chat With Legalweek Speaker Ellen Blanchard

T-Mobile discovery and information governance director Ellen Blanchard discusses how in-house e-discovery lawyers are gaining a seat at the table during incident response matters and why information governance and data maps are back in fashion.
5 minute read

The Recorder

Controversy Erupts Over Orange County DA Todd Spitzer's Comments About Black Men

A judge is deciding whether internal prosecutor documents about the discussion should be released to defense attorneys as possible exculpatory evidence.
6 minute read

The Legal Intelligencer

Personal Injury Lawyer Must Sit for Deposition in Products Liability Lawsuit Brought by Firm's Client, Judge Says

"Defense counsel is cautioned to limit any inquiry to information obtained or developed by attorney Dempsey in his capacity as a borough council member, rather than as a lawyer with Lenahan & Dempsey," Judge Terrence Nealon said.
3 minute read

Legaltech News

Court Sanctions Plaintiff for Destroying Relevant Facebook Messenger and Telegram Messages

Judge David Campbell, who led the Federal Civil Rules Advisory Committee that developed the Rule 37(e) amendments enacted in 2015, issued an adverse inference jury instruction against plaintiff after finding she spoliated relevant Facebook Messenger and Telegram messages and other ESI.
7 minute read

New York Law Journal

Another US Judge Distinguishes Between New York, California Prosecutors in Rejecting Avenatti's Evidence Arguments

Furman's order puts in writing an oral ruling he made during trial that rejected the motions and determined the U.S. attorney's offices in Los Angeles and New York prosecuting Avenatti are separate teams with discovery obligations independent of each other.
5 minute read

New York Law Journal

Reexamining Line-by-Line Confidentiality Designations: A Cost-Effective and Cooperative Approach

While line-by-line designations may make a lot of sense for smaller cases, for larger matters where only a small fraction of the documents reviewed and produced are ever used in motions or trial, parties should focus the expense of line-by-line designations on the documents that really matter.
8 minute read

Law.com

Can a Foreign Patent Attorney's Email Communications Be Protected Under Attorney-Client Privilege?

A federal magistrate judge in Massachusetts has issued a divided ruling on whether, in a patent dispute with Fitbit, Philips North America must turn over emails sent and received by a foreign patent attorney who is not registered as an attorney-at-law.
7 minute read

New York Law Journal

Citing 'Overwhelming Evidence' of Guilt, Judge Rejects Michael Avenatti's New Trial Bid in Nike Extortion Case

The decision from U.S. District Judge Paul Gardephe distinguishes between the prosecution teams in New York and California, a crucial legal finding as Avenatti pursues appeals.
7 minute read

New York Law Journal

An E-Discovery Sea-Change: Embracing a Digital Workforce Revolution

This article explores five of the biggest changes impacting e-discovery, concluding that the modern e-discovery practitioner must accept a reality of constant change.
8 minute read

New York Law Journal

Courts Narrowing E-Discovery Rather Than Shifting Costs

Certain decisions from the past year suggest that New York courts addressing requests to shift costs in connection with e-discovery are more inclined to exercise their discretion under Article 31 of the CPLR to limit the scope of the requested e-discovery than they are to shift the costs of such discovery to the requesting party.
6 minute read

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