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New York Law Journal

In Policy Shift, Lawyers Allowed to Use Electronic Devices During Arguments in 1st Dept. Courthouse

A written policy in the First Department that will allow lawyers and litigants arguing pro se to use laptops, tablets and smartphones during oral arguments is a first in the state.
3 minute read

The Legal Intelligencer

E-Discovery

In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.
2 minute read

The Legal Intelligencer

'Things Just Couldn't Be the Same' After the 'Lynyrd Skynyrd' Spoliation Decision

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
8 minute read

The Legal Intelligencer

Beware: Texts and Wearable Data Must Be Preserved, Too

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.
8 minute read

The Legal Intelligencer

Possession, Custody or Control: A Perennial Question Gets More Complicated

The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
9 minute read

Corporate Counsel

Icahn In-House Lawyers, King & Spalding in Proxy Battle With Xerox

The legendary investor has joined up with Darwin Deason to rumble with Xerox.
3 minute read

The Legal Intelligencer

The 'Textalyzer'—A Tool to Combat Distracted Driving or an Invasion of Privacy?

The "textalyzer" is a device being developed for law enforcement to determine driver smartphone use at the time of, or just before, a crash. It is named after the breathalyzer, which provides police with a reasonably reliable way to make a roadside determination of whether a driver had consumed alcohol and an estimation of blood alcohol level.
8 minute read

Texas Lawyer

LG Chem Sued in Houston Over E-Cig Battery That Allegedly Exploded in Man's Face

A Houston man has filed a products liability case against Korean electronics manufacturer LG Chem and a Houston vape shop, alleging the lithium ion…
2 minute read

The Legal Intelligencer

An E-Discovery Opinion That's Boring: One That's Legal, Not Philosophical (Part 2)

Editor's note: This is the second in a two-part series.Last week, I discussed Winfield v. New York, 15-CV-05236 (S.D.N.Y. Nov. 27, 2017), where…
13 minute read

Corporate Counsel

Iranian Protests Underscore Legal Snags for US Encrypted Messaging Services

Iran's move to block Telegram, an encrypted messaging app, poses questions for other companies that offer messaging services.
3 minute read

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