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  • Blog Title: E-Discovery

    Amendments to Federal Rules of Evidence Effect ESI Authentication

    On December 1, new amendments to Federal Rules of Evidence 803(16) and 902 went into effect that are designed to change the way that electronically stored information (“ESI”) is authenticated in federal court. These amendments were made in response to growing concerns over a potential evidentiary loophole for ESI that has been stored for a […]

    Federal Employees’ Personal Information Compromised by Data Breach

    In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach occurred when hackers, who allegedly have ties to the Chinese government, compromised the computer system run by OPM and stole the […]

    Facebook Post Lands Teacher in Hot Water

    On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody Lippert, met a group of male students at the beach, gave them alcohol and “engaged in a sexual relationship with one […]

    Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

    Riley v. Marriott Int’l, Inc., 2014 U.S. Dist. LEXIS 135728 (W.D.N.Y. Sept. 25, 2014). What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery laws, and that may ultimately lead […]

    Noteworthy Changes to the Federal Rules of Civil Procedure Regarding E-Discovery

    The proposed amendments to the Federal Rules of Civil Procedure (“Rules”) we have all been waiting for have finally been approved by the Committee on Rules of Practice and Procedure (“Standing Committee”). Before these amendments, the most recent revisions of the Rules occurred in 2006 to include e-discovery, and because of the continuing increase in […]

    Supreme Court to Protect Information on Cell Phones

    The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of U.S. citizens, the Supreme Court has declared information on cell phones and smart phones off-limits for warrantless searches. In […]

    Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

    In the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after failing to prove that defendants T-Mobile and CTIA destroyed emails in bad faith.  Judge Kennelly also granted the defendants’ motion for […]

    Facebook: What Exactly are We Sharing When We Update Our Statuses?

    Facebook’s newest feature may have you thinking twice about your status updates. However it’s not what you write that you should worry about, but rather where you write it. The social media giant has unveiled the latest addition to its series of status update features: an app that uses technology and data from the music […]

    Think Before You Tweet

    In November, 2013, a 20 year old woman, Kayla Mendoza, allegedly drove between 84 and 96 miles per hour the wrong way down a Florida highway. Her car allegedly collided with the car of Kaitlyn Ferrante and Marisa Catronio, both 21, who were killed as a result of the crash. What is worse about this […]

    Online Privacy: Friend or Foe to the American Public?

    A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp.  Not only will this directly affect their operations in the E.U., but it will also have implications for such companies’ operations and customers in the United States as well.  Last week, the highest court in […]