By Tracey Turnbull and Porter Wright on This article was published originally at InsideCounsel.com. The article is the fifth in a six-part series focusing on evidence spoliation. Read more here and here. Technology Law Source will notify readers when InsideCounsel.com publishes the final article in this series. We previously addressed the scope of the duty to preserve. Once you determine when the … Continue Reading
By Tracey Turnbull and Porter Wright on This article was published originally at InsideCounsel.com. The article is the fourth in a six-part series focusing on evidence spoliation. Read more about previous posts. Technology Law Source will notify readers as InsideCounsel.com publishes additional articles in this series. In its simplest terms, a legal hold (also known as a litigation hold, preservation order, suspension … Continue Reading
By Porter Wright on In an ADA employment discrimination case, a federal court recently denied a defendant’s request to compel the plaintiff to provide authorizations for all of her social media accounts, but still ordered the production of any social media postings relevant to the plaintiff’s claimed emotional distress damages. See Giacchetto-v-Patchogue-MedfordUnion, No. CV 11-6323 (E.D.N.Y. May 6, 2013). … Continue Reading
By Tracey Turnbull and Porter Wright on This article was published originally at InsideCounsel.com. The article is the first in a six-part series focusing on evidence spoliation. Read part 2: Events courts consider when deciding if duty to preserve evidence has been triggered; and part 3: Preservation obligations after a duty to preserve has been triggered. Technology Law Source will notify readers … Continue Reading
By Porter Wright on Earlier this year, we wrote about a decision in which a federal district court rejected a proportionality argument and ordered the production of a defendant’s entire database because the information in the database was highly relevant to the plaintiff’s trademark infringement claim. Another federal district court recently came out differently in a trade secret misappropriation … Continue Reading
By Porter Wright on The Fifth Circuit Court of Appeals recently affirmed a jury verdict awarding $26.2 million in compensatory damages and $18.2 million in punitive damages for trade secret misappropriation of software that enabled oil and gas companies to “plan, procure and pay for complex services” online. See Wellogix, Inc. v. Accenture, LLP, Case No. 11-20816 (5th Cir. … Continue Reading
By Donna Ruscitti on On June 19, Porter Wright launches its four-part seminar series covering technology topics at the forefront of today’s businesses. Technology Law Source will continue to cover these topics in future blog posts, including navigating through U.S. and international laws, regulations and standards. The seminar series comprises: Social Media in the Law: Learn It and Use … Continue Reading
By Porter Wright on The Federal Judicial Center recently published the Sixth Edition of the Benchbook for U.S. District Court Judges. For the first time, the Benchbook includes a section on civil case management, including how to address e-discovery issues. The Benchbook also adds new jury instructions regarding the use of social media and electronic devices by jurors during … Continue Reading
By Porter Wright on As businesses move more applications and data to cloud services (e.g., Google Apps for Business, Salesforce.com, Amazon S3, etc.), they inevitably are going to find themselves in litigation with the need to retrieve electronically stored information (ESI) from the cloud to comply with their e-discovery obligations. While the risks of e-discovery likely will not keep … Continue Reading
By Porter Wright on Though the Federal Rules of Civil Procedure are “not meant to create a routine right of direct access to a party’s electronic information system,” a federal district court recently held that the benefits of allowing the plaintiff direct access to the defendant’s entire business database outweighed the burden of producing it. [See Advanced Tactical Ordnance … Continue Reading
By Tracey Turnbull on This blog post was co-authored by Margaret M. (Peggy) Koesel and Tracey L. Turnbull. A company may discard data, documents or records in the ordinary course of its business. But routine destruction of information that may be relevant to a government investigation or a lawsuit must be suspended and information must be saved as soon … Continue Reading
By Porter Wright on An Ohio appellate court recently overturned a trial court’s order that compelled the production and forensic examination of a non-party witness’s computers, hard drives, and cell phones because “a trial court abuses its discretion when it permits forensic imaging of electronic devices without first a showing that there has been a background of noncompliance with … Continue Reading
By Brian Hall on According to a news release issued by the university, a Kansas State University study to be published in the journal Computers in Human Behavior concludes that between 60% and 80% of the time spent by people on the internet at work has “nothing to do with work.” The study, which was profiled yesterday on The Today … Continue Reading
By Porter Wright on The amendments to the rule implementing COPPA have been met with varying degrees of celebration, skepticism, disappointment and confusion. The amendments change all aspects of the rule, though some to a greater degree than others. While a full understanding of the impact of the amendments will likely have to wait until we see how they … Continue Reading
By Porter Wright on In the first-known judicial opinion in which a court has recognized that the use of computer-assisted review is an acceptable way to search for relevant electronically stored information (ESI) in appropriate cases, Magistrate Judge Andrew J. Peck of the United States District Court for the Southern District of New York issued an opinion on Friday … Continue Reading
By Porter Wright on Please join us for this informative series focused on the technical, enforcement, and practical aspects of experiencing and responding to a data security incident. For the complete invitation and details on registration please click here. IDENTITY THEFT, CORPORATE DATA SECURITY BREACHES AND LAW ENFORCEMENT: SHOULD I CALL THE COPS? Learn How to Effectively Utilize Law … Continue Reading
By Porter Wright on This week, the Identity Theft Resource Center released its 2010 data breach statistics report for data breaches through June 22, 2010. According to this weekly report, 2010 has already seen 325 reported data breaches exposing approximately 8.3 million records. Considering that the 2009 report shows 498 reported data breaches for all of last year, it looks like … Continue Reading
By Porter Wright on Having your laptop or smartphone searched or detained by Customs on your way back from a business trip would be a nightmare for most travelers, including bankers and other finance professionals. However, this scenario is quite possible under new governmental policies. In 2009, U.S. Customs and Border Protection (“CBP”) and U.S. Immigration and Customs Enforcement … Continue Reading
