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Articles in Channel: Electronic Discovery
Ex-Juror Who "Friended" Defendant Faces Jail for Bragging on Facebook About Dismissal From Jury Duty
By now, attorneys should know to advise their clients to watch out for Friend requests from jurors during a trial. The latest debacle concerning jurors use of social media involves a juror “friending” a party and then bragging about his resulting dismissal from the panel. For that...
Utah Appellate Court Holds That "Confidential" Price List Is Not A Trade Secret But A Contract Bid Could Be, And Uniform Trade Secrets Act Preempts Common Law Claims Based On Misusing Confidential Information Not A "Trade Secret"
In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct....
Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act
By Robert Milligan, Joshua Salinas, and Jeffrey Oh In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the...
Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) As expected, on March 19, 2012, plaintiffs in this case filed their Reply in Support of Rule 72(a) Objection to Magistrate Judge Peck’s February 8, 2012 Discovery Rulings. In it, plaintiffs summarize their...
Courts are struggling with rising social media misconduct by jurors, posing a threat to the fundamental guarantee of a fair trial. Last November, the Federal Judicial Center published a report on Jurors' Use of Social Media During Trials and Deliberations, which concluded that despite various...
Third Circuit Addresses Taxable Costs: Vacates Award of the District Court, Remands with Instructions to Re-Tax Costs in Accordance with Opinion
Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., --- F.3d ---, 2012 WL 887593 (3d Cir. Mar. 16, 2012) On appeal, the Third Circuit vacated the District Court’s approval of taxable costs related to electronic discovery and remanded with instruction to re-tax in accordance with this...
Play Nice or Pay the Price: Failing to Cooperate in Creating Preservation Protocols Can Result in Significant Consequences
The dual issues of over-preservation and proportionality took center stage in a recent Southern District of New York class and collective action litigation, leading to a Magistrate’s opinion in Pippins v. KPMG, No. 11-377 (S.D.N.Y. Oct. 7, 2011), and a District Court’s affirmance in...
Two lawyers filed a class action suit against West and LexisNexis for violating the copyrights of court filings around the country. The lawsuit filed in Federal Court in New York City on February 22, 2012 by Edward White (of Oklahoma City) and Kenneth Elan (of New York) starts with a description of...
The 3rd U.S. Circuit Court of Appeals issued its long-awaited decision in Race Tires America, Inc. v. Hoosier Racing Tire Corp on March 16, 2011. The court took a narrow view of whether all the charges imposed by electronic discovery vendors to produce ESI can be taxed against the losing party per...
Court Document Translation and Court Interpretation- Compensation Issues in Light of Taniguchi v. Kan Pacific Saipan, LTD
We've blogged about litigation translation and interpreting services and address the issue of which party pays for the foreign document disclosure. On February 21, 2012, the US Supreme Court heard oral arguments on the case Taniguchi v. Kan Pacific Saipan, LTD (on appeal from the US Court of...