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Plaintiffs Social Media ESI Is Increasingly Discoverable. Will It Chill Meritless Filings?

While battles for plaintiff's social media electronically stored information (ESI) are fast becoming the norm, it's an open question whether they'll have an impact beyond straining current e-discovery capabilities.
4 minute read

Texas Lawyer

As Whistleblowers Keep Up Court Fight, Ken Paxton Isn't Stepping Back

Paxton is playing a national role in suing the Biden administration, even as he faces a lawsuit from whistleblowers who alleged corruption within the Texas Attorney General's Office.
5 minute read

Daily Business Review

Police Officers Get 'Marsy's Law' Protections, Appeals Court Rules

First District Court of Appeal Judge Lori Rowe wrote that no conflict exists between Marsy's Law and a decades-old government-in-the-sunshine amendment that enshrined in the Florida Constitution some of the nation's broadest public-records laws.
5 minute read

Legaltech News

Nervous System: Oliver North and the Origin Story of Legal Technology

E-discovery may be common in today's legal world, but that certainly wasn't always the case. This month's history of cybersecurity looks back to how discovery technology was developed, and what it has to do with the Iran-Contra affair.
6 minute read

New York Law Journal

Court Denies Request To Compel Discovery of Slack Messages

As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.
9 minute read

The Legal Intelligencer

Data Privacy: Why We Are All Over the Place, Part I

I will look at these privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.
11 minute read

Legaltech News

A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery

Discovery requests implicating custodians and data outside the U.S. can potentially put organizations in a Catch-22: either fall short of their discovery obligations on the one hand or fall afoul of legislation in other nations prohibiting or limiting data collection and transfer to the U.S. on the other.
8 minute read

Legaltech News

The E-Discovery Challenge We Need to Start Talking About: Remote Source Code Review

This checklist of controls and capabilities can help counsel pinpoint what must be implemented in order to replicate the protection of in-person oversight in a remote review setting.
4 minute read

Legaltech News

Why an Amended Rule 37(e) Hasn't Slowed 'Hail Mary' E-Discovery Sanction Motions

While financial penalties could cure the overused e-discovery court measure, improved corporate information governance might be the more realistic solution.
4 minute read

Law.com

New Trial Granted in Rape Case That National Advocates Have Argued Represents Systemic Racial Bias

Counsel for Albert Wilson, a young Black man who was convicted by an all-white jury of raping a 17-year-old white girl in a case without conclusive DNA evidence, said he's "optimistic" the case will be resolved ahead of a second trial.
7 minute read

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