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The Legal Intelligencer

The Real Impact of Redundant Data and What to Do About It

Data is duplicative by nature, but the way your operation stores and manages data is likely exposing it to unnecessary and costly redundancy. Most organizations handling e-discovery today could very well have a cumulative data set that is anywhere from five to 10 times bigger than necessary.
4 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

New York Law Journal

Reasonableness, Proportionality Are Guiding Principles for TAR, Judge Finds

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'Winfield v. City of New York', a decision which adds to the growing body of law that as long as a producing party's use of technology-assisted review tools, including predictive coding, is reasonable and proportional in the context of a matter, the mechanics of such efforts should not be open to scrutiny by an opposing party.
7 minute read

The Legal Intelligencer

European Union Discovery Presents Compliance Headaches for US Litigants

Discovery of personal data held in the European Union (EU) has been an issue that has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that discovery of foreign documents is not barred by foreign privacy law.
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

Connecticut Law Tribune

Conn. Supreme Court Reinstates Voyeurism Case After Wrestling With 'Public View'

The Connecticut Supreme Court sided with the state in a voyeurism case in which a man taped three separate consensual sexual encounters with three different women.
4 minute read

New York Law Journal

Unrung Bells and the Quick-Peek Order  

Grappling with the delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.
6 minute read

The Legal Intelligencer

'Tis the Season: Defending Snow and Ice Claims in Pennsylvania and New Jersey

It is generally well known that this time of year, snow and ice (#SNICE) is commonplace. Yet, despite the commonness of snow and ice in this area, people still get injured as a result. A little bit of snow, ice, black ice or freezing rain can turn the roughest paved surface into a skating rink. This article will outline various defenses available and some precautions and practice points that property owners can utilize to protect themselves against the claims and lawsuits that are a near certainty.
15 minute read

Daily Business Review

Travelers Should Know How Cruise Lines and Resort Operators Skirt Liability

The recent tour boat accident in Mexico involving 10 travelers sailing from Miami on Royal Caribbean is the second such accident within weeks of each other. On Dec. 19, 12 people died after a tour bus to Mayan ruins south of Tulum flipped on a two-way highway.
6 minute read

New York Law Journal

Take a Break With This Evidence Quiz

Evidence columnist Michael J. Hutter presents an evidence quiz. Take a break and see if you know evidence as well as the judges before whom you will be appearing.
12 minute read

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