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  • Monthly Archives: November 2012

    NY Appellate Court Holds Trial Court Erred In Forcing Defendant To Turn Over iPhone

     AllianceBernstein L.P. v Atha, 2012 N.Y. App. Div. LEXIS 7693 (N.Y. App. Div. 1st Dep’t Nov. 15, 2012). On November 15, 2012, the New York Appellate Court for the First Department held in AllianceBernstein L.P. v. Atha that production of an iPhone was beyond the scope of the discovery request. The Plaintiff, an investment firm, […]

    NLRB Advice on Acceptable Social Media Policies

    The National Labor Relations Board’s (NLRB) Division of Advice provided some much need guidance on what constitutes a permissible social media policy.  On October 19. 2012, an Advice Memorandum was released recommending the dismissal of an unfair labor practices claim against Cox Communications.  In making its determination, the NLRB found that enforcement of the company’s […]

    Who is Considered a “Supervisor”?

    The U.S. Supreme Court is set to hear oral argument in Vance v. Ball State University addressing the definition of “supervisor” for the purposes of liability under Title VII of the Civil Rights Act of 1964.  An employer can be held vicariously liable for the actions of a supervisor who discriminates against another employee on the […]

    “Fantasy Slut League” at High School in California

    An investigation at Piedmont High School in California revealed the presence of a “fantasy slut league” among male students at the high school. After discovering the existence of the “league”, Piedmont High School Principal Rich Kitchens sent an official letter to parents at the high school informing them of the practice. Kitchens’ letter informed parents […]

    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 […]

    Copyright Issues in Textbook Case

    On Monday, October 29, 2012 the U.S. Supreme Court heard oral arguments on an action involving a college student who sold overseas editions of college textbooks to help finance his education. While attending graduate school at the University Of Southern California, Kirtsaeng, a Thailand native, resold $900,000 worth of textbooks manufactured overseas on eBay for […]

    SDNY Denies Motion for Recusal or Disqualification of Judge Peck in Da Silva Moore

    Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (S.D.N.Y. Nov. 8, 2012). It has been over six months since we last discussed the Plaintiff’s request to have Judge Peck recuse himself after his decision to have the parties use predictive coding in Da Silva Moore v. Publicis Groupe.  On November 8, 2012, […]

    Idaho Court Warns Plaintiff That Their Litigation Hold Policies Are “Clearly Unacceptable”

    Scentsy, Inc. v. B.R. Chase, L.L.C., et al, 2012 U.S. Dist. LEXIS 143633 (D. Idaho Oct. 2, 2012). Our e-discovery department has often expressed concern regarding the importance of when and how to preserve potentially relevant evidence by implementing effective litigation holds.  Here is why – on October 2, 2012, a United States District Court […]

    Unemployment and Hurricane Sandy

    As residents and businesses in New York,New Jersey, and Connecticut attempt to rebuild after the destruction caused by Hurricane Sandy many find themselves without jobs as a result of Sandy devastation. Businesses have been flooded or completely destroyed leaving many out of work indefinitely. So what do the suddenly unemployed do to make ends meet? […]

    Students Turn to Drugs for Good Grades.

    The abuse of prescription stimulants, once relegated to over-worked college and graduate students, has found its way into the halls of high schools across the country.  The pressure to succeed academically and secure a highly coveted seat among the most prestigious institutions of higher education has led many students to seek refuge among a variety […]