Using Expert Testimony by Plaintiffs to Oppose Summary Judgment: Part I
Betsy Collins Pay close attention to the rules pertaining to admitting expert testimony in summary judgment briefing.
Technology-Related Ethics Rules Changes Litigators Must Understand
Seth H. Row New changes to the Model Rules of Professional Conduct take into account e-discovery challenges.
U.S. International Trade Commission Proposes E-Discovery Limitations
Norayr Zurabyan Many commentators describe the proposal as easy to administer, flexible, and simple.
New Year Brings New and Revised State-Court Rules for E-Discovery
Tom Allman recently published a guide to state e-discovery rules and hosted a webinar discussing the rules, rulemaking trends, and differences between state and federal rules.
Litigation Holds, Social Media, and Employees' Online Data
Patricia Eastwood, John D. Rue, and Peter Wilhelm Lawyers and courts will be increasingly faced with the challenge of addressing whether, and to what extent, social media "documents" must be incorporated into the discovery process in individual cases.
Avoiding Minefields Associated with Discoverability of Social Media
Damon Thayer and Nayiri Keosseian According to conventional wisdom, the law typically lags about five years behind new technology. In today's rapidly changing world, that rule of thumb might be too generous.
Laura D. Cullison This program signals the judiciary’s interest in finding practical ways to change the adversarial assumptions litigators bring to the discovery process.
Brad H. Sysol and Kendra Huff Counsel should use the Rule 26(f) “meet and confer” to engage in an in-depth discussion with the goal of developing a discovery plan that makes sense.
Robert D. Brownstone Litigation support managers have long known that the electronic writing is on the wall—or, rather, on the hard drives, back-up tapes, storage devices, web-server logs, databases, and "deleted" files.
Robert D. Brownstone Judges, litigators, clients, and technologists have on a regular basis been forced to explore and test new methods of fair, thorough, and efficient requests for, and production of, electronic information.
George Socha It’s a safe bet that judges—and parties—will make increasing use of that authority now that e-discovery has become so integral to trial preparation.
Charles S. Fax Most moviegoers are familiar with the film The Social Network, which chronicles the advent of Facebook and the Winklevoss twins’ lawsuit claiming Mark Zuckerberg stole their idea.
Michael Swarz Typically, family-law practitioners are advised by clients that answers to issues in their case will be unveiled with the production of their spouse’s email communications. It then becomes a question of how these email communications can be obtained.
Dolly Hernandez Modern technology has brought a new wave of evidence to marital and family-law proceedings as parties are utilizing electronically stored information (ESI) found on social media websites such as Facebook, MySpace, Twitter, and LinkedIn, along with information stored on computers and cell phones to prove aspects of their case.
Gary M. Pappas Nonparty subpoenas raise the same important issues relating to the discovery of electronically stored information (ESI) as do initial disclosures and requests for production between the litigants.
Trevor Jefferies and Alvin Lindsay Pitfalls for the unwary multiply for the corporate party client required in U.S. litigation to produce data maintained in another country. Here are ten tips to consider when ESI from abroad is required for U.S. litigation.
A comprehensive aggregation of valuable resources, links, and articles relating to e-discovery