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December 18, 2023 | Law.com

Massachusetts Court to Consider: Are Public Social Media Posts 'Inherently Unknowable' in Terms of Defamation Discovery Rules?

"The correct application of the discovery rule will be dispositive of all of the state law claims in this case," U.S. District Judge Nathaniel M. Gorton wrote. "If the discovery rule tolls the statute of limitations, the state claims survive; if not, those claims are time-barred. Furthermore, the discovery rule as interpreted by the SJC will substantially inform this Court as to whether laches bar the two federal law claims."
5 minute read
June 22, 2023 | The Recorder

Cambridge Analytica Plaintiffs Lawyers Want $181M in Attorney Fees: 'Facebook Fought Tooth and Nail'

Co-lead class counsel Derek Loeser and Lesley Weaver defended their fee request: 'This was a hard-fought litigation over five years that yielded the largest privacy class action recovery to date and the most Facebook has ever paid to resolve a class action.'
5 minute read
September 15, 2022 | The Recorder

'Gibson Dunn Would Pounce': Judge Grills Facebook's Lawyers at Sanctions Hearing

U.S. District Judge Vince Chhabria, at a hearing to determine whether to sanction Facebook and its legal team at Gibson Dunn for discovery misconduct, described some of their actions as "frivolous" and "abominable."
5 minute read
July 25, 2022 | Legaltech News

New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies

As reflected in the recent In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation case, noncompliance with preservation provisions in an ESI protocol can expose parties to severe sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).
6 minute read
August 16, 2021 | Legaltech News

Fabricated Text Message Case Highlights the Importance of Emojis in E-Discovery

Rossbach v. Montefiore Medical Center emphasizes the evidentiary importance of understanding the complexity of what appear to be simple emojis and highlights recommendations for how lawyers can effectively handle emojis in discovery.
6 minute read
Law Journal Press | Digital Book New York Attorney Discipline: Practice and Procedure 2024 Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager View this Book

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May 13, 2021 | Legaltech News

New Federal Cases Spotlight 2021's Key Trends in E-discovery

Recent case law continues to reflect key trends in e-discovery, ranging from the propriety of forensic examinations to ESI spoliation.
6 minute read
March 23, 2021 | The Legal Intelligencer

Establishing a Plaintiff-Friendly E-Discovery Framework in Asymmetrical Litigation

With discovery's shift to electronically stored information (ESI) has come a torrent of ever-changing best practices. Many of the common guideposts for managing eDiscovery aim to facilitate a transparent and collaborative process—but are tailored to the needs of large corporate parties with enormous amounts of data.
8 minute read
March 22, 2021 | The Recorder

Should Courts Allow Leaked Confidential Documents on the Public Docket? Facebook Says No.

Facebook's Gibson, Dunn & Crutcher counsel contends that adding dozens of documents leaked by a defunct bikini-photo app to the public docket in the litigation stemming from the Cambridge Analytica scandal would "reflect a misleading and one-sided narrative."
4 minute read
November 12, 2020 | Legaltech News

Fall 2020's Most Interesting E-Discovery Cases

In this Case Law Review, we'll take a look at recent rulings that cover the discoverability of ESI on sources other than a computer, whether social media posts offer any degree of privacy, and the importance of proportionality when attempting to compel production during litigation.
9 minute read
April 15, 2020 | Legaltech News

Data Privacy Trumps E-Discovery: Court Erred in Ordering Facebook and Instagram Production

This case presents a difficult issue: Denying a criminal defendant access to evidence for trial is extremely serious. However, do we really want people rummaging through our Facebook and Instagram accounts after we're dead?
6 minute read

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