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    Can I Use Archive.org to Authenticate Electronic Evidence?

    In today’s world, websites are often used as evidence during litigation. A problem, however, arises because they can easily be changed by a simple click of the mouse. Take this blog for example.  I can post this article today, and then tomorrow alter it by logging into WordPress and making edits in the TinyMCE WYSIWYG […]

    Court Orders Responding Parties to Demonstrate Why ESI Is Not “Reasonably Accessible”

    Murray v. Coleman, et al., 2012 U.S. Dist. LEXIS 130219 (W.D.N.Y. Sept. 12, 2012). On September 12, 2012, a District Court for the Western District of New York ruled that a Defendant had thirty days to file an affidavit detailing why certain electronically stored information (“ESI”) was not “reasonably accessible” as required by Rule 26(b)(2)(B) […]

    NLRB Addresses Knauz BMW’s Hot Dog Situation in its Second Decision Regarding Social Media

    Knauz BMW, 358 N.L.R.B. No. 164 (Sept. 28, 2012). On September 28, 2012, the National Labor and Relations Board (“NLRB”) issued its second decision involving an employee’s use of social media. Lucky for us, the case is one we have covered multiple times on the blog here and here. Put simply, in Knauz BMW, a […]

    Court Determines Requests for Defendant’s Social Media Posts Were Overly Broad

    Mailhoit v. Home Depot USA Inc., No. CV 11-03892 DOC, (C.D. Calif. Sept. 7, 2012). On September 7, 2012, the U.S. District Court for the Central District of California determined that a majority of a Defendant’s discovery request were not reasonably calculated to lead to the discovery of admissible evidence because they did not meet […]

    NLRB Issues Decision On Social Media Policies

    Costco Wholesale Corp., 358 NLRB No. 106 (2012).  Over the past year the NLRB has issued multiple reports on social media policies, many of which we covered here on the blog.  It wasn’t until recently, however, that the NLRB issued a decision regarding these policies.  In doing so, the NLRB ruled that a provision in […]

    Southern District Reaffirms New York State Rule That Non-Compete Covenants Are Unenforceable Against Employees Terminated Without Cause

    Arakelian v. Omnicare, Inc., 2010 U.S. Dist. LEXIS 84828 (S.D.N.Y. Aug. 18, 2010). In Arakelian v. Omnicare, Inc., the Southern District of New York reinforced a rule long followed by New York State courts when it held that an employee terminated without cause is not bound by non-competition and non-solicitation provisions of a restrictive covenant […]

    Twitter Responds to Criminal Judge’s Decision to Deny a Defendant’s Motion to Quash Subpoena on Third Party Website

    The People of the State of New York, v. Malcolm HARRIS, –N.Y.S.2d–, 2012 WL 1644956 (N.Y. City Crim.Ct. May 7, 2012) On May 15, 2012, we discussed a New York criminal court’s decision to deny Defendant Malcolm Harris’ (aka @destructuremal on Twitter) motion to quash a subpoena issued to Twitter by the District Attorney. The […]

    Can Twitter Protect a User’s Information?

    The People of the State of New York, v. Malcolm HARRIS, —N.Y.S.2d—, 2012 N.Y. Slip Op. 22109 (N.Y. Crim. Ct. Apr. 20, 2012). Data obtained from social networking websites continues to become more essential to developing a parties’ case.  Production of that data, however, has become more burdensome for the companies developing the technology.  For […]

    Magistrate Judge for the E.D.N.Y. Denies Request to Compel Party to Turn Over Facebook Login Information

    Davids v. Novartis Pharm. Corp., No. CV06-0431, (E.D.N.Y. February 24, 2012) In a short opinion on February 24, 2012, the Eastern District of New York ruled on whether the plaintiff in her claim against a pharmaceutical company could be compelled to turn over her Facebook account’s login username and password. Davids v. Novartis Pharm. Corp., […]

    U.S. Equal Employment Opportunity Commission Releases Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers

    Recently, the Equal Employment Opportunity Commission (“EEOC”) published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. According to agency, the guide “describes how theADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and theADA. The guide also provides information […]