Evidence Preservation: Handling the Issues in New York and New Jersey
As technology advances, the legal system is adapting to reflect the role of digital life in litigation. One of the most significant developments in recent years is the use of social media evidence—and the increasing scrutiny...more
There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more
Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more
Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more
We’ve all been there: something happens that causes your organization to reasonably anticipate litigation, whether it’s the receipt of a preservation letter, a breach of a contract, or even service of a filed complaint....more
Methods of communicating electronically change rapidly. While traditional email communication is still widely used, more people are turning to text, chat, and social communications, even in the corporate world. ...more
While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more