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  • Monthly Archives: July 2013

    What is the Difference between an Adverse Sanction and an Adverse Instruction?

    In the world of discovery, including e-discovery, the production of evidence at trial is necessary to prove or defend a case. But what happens when that evidence is unavailable or goes missing? The Second Circuit addressed one of the possibilities to this issue in Mali v. Fed. Ins. Co, No. 11-5413, 2013 WL 2631369 (2d […]

    Chicago School Closings Update

    The injunction hearing regarding the closings of around 50 Chicago Public Schools began Tuesday July 16 and continued through Friday July 19, 2013.  The Board of Education of the City of Chicago has been brought to court by parents from the school district and teachers from the Chicago Teachers Union because of the disproportionate affect […]

    Committee Proposes to Narrow Spoliation Sanctions under Federal Rule of Civil Procedure 37(e)

    On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37.  To see the proposed changes to the Proportionality Amendments, Rule 26(b)(1) or Rule 34, please click […]

    Hitler a Part of the Justice League?

    As part of a long-standing tradition, freshman art students at Thailand’s premier Chulalongkorn University designed a mural for the graduating class. Unfortunately, in an act of poor taste and lack of forethought, the students’ display depicted Adolf Hitler giving a Nazi salute surrounded by superheroes such as Batman and Captain America. Hitler, painted in gray […]

    Free Interns-The End of an Era?

    As an employer, at one time or another, you have probably helped eager students gain real work experience as interns at your company. The intern isn’t paid; but that’s okay because you provide the intern with great on-the-job experience and educational training while you are able to observe the intern in what amounts to a […]

    Judge “X” has Added You as a Friend

    With the advent of electronic social media “ESM”, Judges are no stranger to communications through social media sites such as Facebook. Judges who utilize social media networking sites are bound by the American Bar Association (“ABA”) Model Code of Judges (the “Code”). The Code states that judges should avoid any contact that could jeopardize, or […]

    Circuit Split Exists Regarding Costs of E-discovery under 28 U.S.C. § 1920(4)

    Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents. The source of the conflict is derived from Federal Rules of Civil Procedure (“Rule”) 54(d)(1) and 28 U.S.C. § 1920 (“§ 1920”) also known as the Cost Statute. Rule 54(d)(1) […]

    The Potential Impact of Featuring a “Monster”

    By now, the whole world has seen Rolling Stone Magazine’s recently unveiled cover of its August 2013 issue.  The issue sparked immense outrage when it was revealed that a photograph of Dzhokhar Tsarnaev, one of the alleged Boston Marathon bombers, is front and center.  Interestingly, the photo was taken from one of his social media […]

    Company Parties or Legal Nightmares?

    The summer provides a great opportunity for employers to host company parties for the whole office to enjoy. These parties are a great way for employers to get the company together to celebrate holidays and recent achievements. However, they also open the door to myriad liabilities that all employers need to take note of. A […]

    Math Test Equals Strip Search? It Just Doesn’t Add Up

    Recently in Quebec, a high-school staff stripped searched a class of twenty eight sophomores before a math exam. On the day of the exam, the staff requested that every student place their cell phone on the teacher’s desk in order to prevent any cheating. When the staff realized one of the phones could not be […]