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Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

Author: Kurt Ferdenzi In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her emotional state and physical activity.  The defendant had requested the history of the plaintiff’s Facebook … Continue Reading

Experts Praise Ralph Losey’s New Book: E-DISCOVERY FOR EVERYONE

Jackson Lewis’ National e-Discovery Counsel, Ralph Losey, has just released a new book, e-Discovery for Everyone. Experts are praising e-Discovery for Everyone as an important book for both pleasure and reference. As the title suggests, Ralph’s book is written for everyone with an interest in e-discovery. It is classified by the ABA as an introductory to intermediate level book. … Continue Reading

Court Rejects Burdensome Argument As It Relates To Litigation Holds

The importance of timely implementing a litigation hold cannot be overemphasized.  In Bruner v. American Honda Motor Company, 2016 U.S. Dist. Lexis 62810 (S.D. Ala. May 12, 2016), the plaintiffs, who were involved in an accident involving a 2007 Honda Civic, sought potential e-mails related to airbags installed in Civics during a ten-year span encompassing … Continue Reading

Cybersecurity Warning Bulletin: Telephony Denial of Service Attacks Continue With Current Focus on Healthcare

Cyber criminals continue to conduct Telephony Denial of Service (TDoS) attacks to extort money from businesses and governments that rely heavily on telephones. In a TDoS attack criminals flood a victim’s telephone lines with fake calls that makes it impossible to use their telephones. The criminals then demand payment to stop the jamming calls and make the … Continue Reading

The Importance of Cybersecurity in eDiscovery

Cybersecurity is job number one for all litigation attorneys who handle confidential computer data. That’s because electronically stored information (ESI) held by law firms is now subject to frequent attack by criminal hackers. They have figured out that attorneys store valuable data of their clients in law firm computers. So when hackers cannot get at … Continue Reading

District Court in Washington D.C. Exposes Illegal e-Discovery by Department of Justice

U.S. Magistrate Judge John M. Facciola in Washington D.C., who is a well-known expert in e-discovery, issued a Memorandum Opinion and Order dated March 7, 2014, containing a stunning rebuke of the Department of Justice. His order reveals that the Department of Justice has been routinely using over-broad search warrants for email. The warrants allow the Department to … Continue Reading

Courts Reining In What it Means to be a “Hacker” Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”) is an anti-hacker statute that prohibits unauthorized access, or the exceeding of authorized access, of computers connected to interstate commerce. 18 U.S.C. § 1030. Violators are subject to both criminal and civil liability. Employers have long taken advantage of the CFAA’s civil remedies to “sue former employees and their new companies … Continue Reading

How To Appropriately Obtain Relevant Information From Social Networking Sites

A New York state appellate court has confirmed that the mere initiation of a lawsuit does not provide a basis to permit a defendant unfettered access to a plaintiff’s social media sites.  In Pecile v. Titan Capital Group, LLC, 2014 N.Y. App. Div. LEXIS 420 (1st Dep’t Jan. 23, 2014), the court denied the defendants’ … Continue Reading

Plaintiff’s Backyard Summer BBQ of Her Computer Leads to Sanctions

Parties sometimes go to great lengths to avoid providing information during discovery. A case out of Mobile, Alabama, shows some people will even go so far as to burn their computer in a backyard BBQ. Evans v. Mobile Cnty. Health Dep’t, 2012 U.S. Dist. LEXIS 8530 (S.D. Ala. 2012). The plaintiff in this case was a former employee … Continue Reading
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