Articles in Channel: Electronic Discovery

Do You Have a Discovery Plan?

Katherine Gallo
September 01, 2010 17:30

As a discovery referee, I normally come into cases when there already is a problem. Either discovery in the case is out of control, or the antagonism among counsel is so great that the Law and Motion Judge is done dealing with the parties. In many instances, I see an all out war between counsel,...

Google Docs Ready for (Legal) Primetime?

August 31, 2010 17:32

Today's predominant word processors are Microsoft Word and Corel WordPerfect. MS Word is also offered as a web-based application or Saas (Software-as-a-Service).  However, there is a newer type of document collaboration, where numerous people have access to the...

David-Letterman

August 31, 2010 02:13

When I speak to e-discovery experts of all kinds about preservation, be they law firm lawyers, big or small, in-house corporate counsel, government lawyers, scholars and academics, insurance company lawyers, paralegals, lit-support, vendors, or technology gurus, they all have a common refrain. They ...

"Circumstantial" Proof of Solicitation Found Insufficient by District of New Jersey

August 30, 2010 22:10

ING Life Ins. and Annuity Co. v. Gitterman, Slip Copy, 2010 WL 3283526 (DNJ August 18, 2010) Plaintiffs ING Life Insurance and Annuity Company (“ILIAC”) and ING Financial Advisors (“IFA”) (collectively, “Plaintiffs” or “ING”), sought to enjoin...

WHAT SHOULD YOUR DISCOVERY MOTIONS LOOK LIKE?

Katherine Gallo
August 27, 2010 22:14

 Discovery motions are the banes of most attorneys’ existence and they are often relegated to the newbie in the office to prepare.  Young associates as well as other attorneys struggle on what needs to be in the papers and exactly how to convince the court that they should...

Eleventh Circuit Finds 43-City Non-Compete Enforceable Under Georgia Law

August 26, 2010 15:02

On August 19, 2010, the Eleventh Circuit Court of Appeals reversed a district court's denial of a motion for injunctive relief regarding enforcement of an employer's non-compete and non-solicitation provisions. Mohr v. Bank of New York Mellon Corp., No. 10-11890, 2010 WL 3273059 (11th Cir. Aug. 19,...

Western District of New York upholds Non-Compete and Grants TRO

August 24, 2010 19:03

Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality...

Compliance Officer Found Liable for Failing to Preserve Data

August 24, 2010 18:09

A recent ruling of the Securities and Exchange Commission (“SEC”) should serve as a yet another reminder of the importance of adequately preserving electronically stored data. On July 2, 2010, the SEC ruled that vFinance Investments Inc., a Florida based broker dealer, violated...

Bob Bailey the original George in 'Let George Do It"

August 21, 2010 22:07

Mary Mack: I wanted to throw this out to you, Ralph and Brett, about waivers of privilege or trade secret by making things readily available on social medias. How is social media affecting those two areas? Waiver By Unauthorized Disclosures in Social Media Ralph Losey: You threw that question at me...

SANCTIONS--DENIED!!!

Katherine Gallo
August 20, 2010 20:23

When I started this blog I asked fellow attorneys what issues they would like me to address.  I received this response from a lawyer in San Francisco:  Key problem – judges that won't crack down on parties that lodge bogus objections and don't answer interrogs, and object to...