Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Proskauer Rose LLP ordered by Published Date Descending.
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ERISA Newsletter (Third Quarter 2018)
In last quarter's Newsletter, we commented that all eyes were on President Trump's nomination to the U.S. Supreme Court, as the outcome of the appointment process can have a significant impact on the course of ERISA litigation, as well as many related areas of practice.
United States
5 Oct 2018
California Imposes New Mediation Disclosure Requirement On Attorneys
Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation.
United States
1 Oct 2018
The Lynyrd Skynyrd Texting Case: Spoliation And Non-Party Texts
It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as "Lynyrd Skynyrd."
United States
22 Feb 2018
N.Y. Court Of Appeals: No Difference Between "Private" And "Public" Posts In Discovery
Those who thought designating social media posts as "private" would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again.
United States
21 Feb 2018
Deceptive Discovery: Second Circuit Affirms Sanctions For Mishandling Of Discoverable Data
Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances ...
United States
21 Feb 2018
Florida's Fiduciary Lawyer-Client Privilege Adopted By The Florida Supreme Court
This fiduciary lawyer-client privilege was enacted as part of Florida's evidence code
United States
7 Feb 2018
Florida's Fiduciary Lawyer-Client Privilege Adopted By The Florida Supreme Court
Last week, the Florida Supreme Court adopted section 90.5021, Fla. Stat. – Florida's fiduciary lawyer-client privilege – to the extent it is procedural and held that the decision ...
United States
30 Jan 2018
New Rules Tackle Authentication Of Electronic Data
On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence.
United States
6 Dec 2017
Lawyers Beware: Battle Of Legal Professional Privilege Of Internal Investigation Continues In England And Wales
Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. to appeal the May 2017 decision by the High Court relating to a dispute...
10 Nov 2017
Is The Frye Standard Making A Comeback In Florida?
The Frye standard, which was adopted in Florida in 1952, applies to expert testimony based upon new or novel scientific evidence.
United States
26 Oct 2017
Sanctions Award Strengthens Fight To Protect Confidential Company Records
On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer's legal fees as sanction for removing nine attorney-client privileged documents...
United States
26 Oct 2017
eDiscovery Includes Electronic Vehicle Data And Possible Sanctions For Spoliation
Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers.
United States
20 Oct 2017
Three Ethics Rules To Know Before Taking On A Pro Bono Matter
Lawyers often say that the most rewarding aspect of their careers is providing pro bono services to individuals in need.
United States
29 Sep 2017
You Want To Review ESI That The Other Side Has Deemed Nonresponsive? That'll Be Extra
Have you ever thought your adversary was withholding relevant ESI from document production? Have you wanted to look at the withheld documents to show that some are indeed relevant?
United States
7 Aug 2017
First Department Finds Work-Product Protection Not Waived By Storage Of Documents On Company Laptop
On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month's decision in Peerenboom v. Marvel Entm't, LLC ...
United States
13 Jun 2017
Fifth Circuit Confirms That Documents Listed On A Privilege Log Are Not Per-Se Privileged
If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged...
United States
2 Jun 2017
Florida's Fiduciary Lawyer-Client Privilege Is On The Books, But Is It Good Law?
In 2011, Florida's legislature enacted section 90.5021, Fla. Stat., which provides for application of the lawyer-client privilege – even when the client is a fiduciary.
United States
15 May 2017
Social Media eDiscovery: Filter Needed
A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page.
United States
7 Mar 2017
‘Cause You've Got Proportionality: Overview Of The Sedona Conference Commentary On Proportionality In Electronic Discovery
The advisory committee note to Rule 37(e) suggests that proportionality principles can be considered in assessing the reasonableness of pre-litigation preservation efforts of all parties.
United States
12 Jan 2017
Key Lessons From The Recent Precedential Order By Federal Circuit – Jurisdiction, Mandamus, And Privilege
The underlying dispute in the case surrounded ownership of visual effects technology secured by trademarks, copyrights, trade secrets, and patents.
United States
14 Dec 2016
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