This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.

Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law: the ubiquity of electronically stored information (ESI) including social media in civil litigation and the continuing evolution of courts’ interpretations of FRCP 37(e). Rulings this June and July in the cases of Hinostroza v. Denny’s Inc., Lawrence v. City of New York, and In re Methodist Primary Care Grp. demonstrate the broad discretion judges have — both in allowing or limiting discovery and imposing sanctions — as well as the fact that attorneys must understand and act based on both federal and state rules.

Court Grants Request to Produce Social Media Data, Orders Supplementation Regarding FitBit Data

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