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    Recent Cyberbullying Tragedy Raises The Question: Who Should Be Held Accountable?

    Nineteen year old, Alyssa Funke committed suicide on April 16, 2014 after being berated by cyber bullies over her choice to partake in a pornographic film. This is the latest tragedy to raise legal questions about how to combat cyberbullying. Although investigations continue in Washington County, Minnesota, police say the brutal harassment Alyssa Funke endured […]

    Standing Committee Meets About the Proposed Amendment to the Federal Rule of Civil Procedure 37(e)

    On May 29 and 30, 2014 the Standing Committee on Rules of Practice and Procedure is meeting and may approve the proposed changes to Fed. R. Civ. P. Rule 37 (e) made by the Advisory Committee. The Advisory Committee on Civil Rules announced in April, 2014 its proposed changes for the new rule 37 (e) […]

    First Department Case Development on the Federal and New York Common Law Spoliation Standards

    Spoliation, or “[t]he intentional destruction, mutilation, alteration, or concealment of evidence,”[1] is a sanctionable offense. However, precisely what constitutes spoliation has created some recent controversy. In October 2013, the First Department of the New York Appellate Division clarified the breadth and application of both the federal and New York common law spoliation standards. In Strong […]

    Social Media and E-Discovery Preservation Tips

    As access to technology and social media sites has become increasingly fluid with everyday functions, it is only natural for such internet sites to contain information pertinent to legal actions. Correspondingly, due to the number of media sites available and the varying types of media content and retention policies each site possesses, it has become […]

    Is Predictive Coding the Right Litigation Strategy for Your Company?

    Many companies associate the discovery phase of a lawsuit with numerous attorneys manually reviewing each one of its hundreds, if not thousands or millions, of documents. While such manual review certainly has its advantages, modern technology utilizing predictive coding may assist in expediting the document review process. Predictive coding is becoming increasingly popular due to […]

    Opened Web-based Emails Deemed “Electronic Storage” under the Stored Communications Act

    One morning, a mailman delivers mail to your mailbox.  You can make the statement that “the mailbox stores your mail.”  Later that day, you retrieve and open the mail.  “The mail is no longer being stored,” correct?  While logically sound for paper mail, the same cannot be said for email communications. The Fourth Amendment of […]

    Dangers of Social Media

    As an advertising tactic, most companies utilize various social media platforms to foster connections with their target markets. It is certainly not unusual for a company to have its own Facebook or Twitter account. These varying social media outlets allow for companies to advertise in real time. For example, hardware megastore giant Home Depot has […]

    N.J. Court Rules: Texters Can Be Found Liable for Texting and Driving from Their Living Room—The Implications for E-discovery

    Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.” On August 27, 2013 that was the ruling in the case, […]

    Cyber-bullies charged with Distributing Child Pornography in Canada

    In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being raped at a party back when she was 15 years old in November of 2011. According to Parsons’ parents, […]

    When Cleaning Up Your Facebook Can Lead to Dirty Consequences

    In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing business attire as opposed to sweatpants; or maybe, tell a client to remove […]