Daily Report Online | Commentary
By Todd Heffner | January 30, 2020
Discovery is grounded in reasonableness, not perfection.
The Legal Intelligencer | Commentary
By Peter Vaira | January 13, 2020
Today's article is a primer on the required procedure for obtaining warrants from the FISA court to install wiretaps and electronic hearing devices in the investigation of certain persons, and a guide to understanding the current allegations that the FBI has misused the procedure.
By Frank Ready | December 18, 2019
Defamation cases have rarely been an easy win for clients but claims that spring from social media have to contend with a whole new dimension of problems that equate to a lot of effort for little reward.
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | December 2, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
By Charles Toutant | November 15, 2019
Online transactions now make up 11% of all retail transactions in the United States, New Jersey Appellate Division Judge Jack Sabatino wrote in the ruling.
By David R. Gelfand, Daniel M. Perry, Andrew B. Lichtenberg and Rachel R. Siegel | November 8, 2019
The Second Circuit changed course from dicta in an earlier decision and now joins the Eleventh Circuit in allowing U.S. courts to compel extraterritorial discovery in support of foreign proceedings.
By Victoria Hudgins | November 5, 2019
Last month the social media giant filed a lawsuit against NSO, an Israeli cyber company that develops technology to help governments find back doors into suspects' tech, over an Whatsapp hack earlier this year.
New Jersey Law Journal | Analysis
By David E. Sellinger and Theodore J. McEvoy | October 10, 2019
The U.S. Supreme Court decision that was expected to resolve the appropriateness of cy pres-only class action settlements, 'Frank v. Gaos,' did not turn out the way most observers (including the Third Circuit) anticipated.
By Zach Warren | October 9, 2019
The new civil discovery rules, which go into effect Jan. 1, have led to a major education initiative from the Michigan state bar.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | September 30, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent case in which the district judge allowed the forensic imaging of personal devices after finding that a compelling need for discovery outweighed privacy interests. This recent case demonstrates the evolving nature of the balancing process between these competing interests and can serve as a helpful guide to judges who will have to navigate the issue in the future, especially as data privacy laws expand around the world and within the United States.
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