Recent court decisions reflect how social media evidence can play an important role in establishing actual confusion in a trademark infringement lawsuit. With the rise of social media, businesses and …
(Originally Published October 24, 2022 by JD Supra and EDRM) Proportionality-based eDiscovery is a goal that all corporate litigants seek to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties …
Relativity and X1 have published an updated joint legal whitepaper addressing full-disk imaging as a disfavored collection practice in civil litigation, with Relativity eDiscovery attorney David Horrigan as the lead author. …
Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is relevant to any party’s claim or defense and proportional to the needs of the case. …
A recent decision from the Southern District of New York provides that the parties’ have obligations to conduct reasonable searches during discovery, but such searches may be targeted. The court …
Social media and other web-based data is relevant to nearly every legal case and investigation. The high volume of relevant social media evidence means that lawyers are under an ethical duty …
The most important case of 2021 so far concerning social media evidence is arguably Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. Texas April 23, 2021). …
One of the key cases involving the principles of proportionality under Federal Rule of Civil Procedure 26(b)(1), is McMaster v. Kohl’s Dep’t Stores, Inc., (E.D. Mich. July 24, (2020). McMaster …
Relativity and X1 have published a joint legal whitepaper on the topic of full-disk imaging as a disfavored collection practice in civil litigation, with Relativity eDiscovery attorney David Horrigan as …
X1 Social Discovery had a key mention in a US Federal Court decision published last week. Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. …
Proportionality is now the hottest legal issue in the area of eDiscovery, with the largest number of eDiscovery-related cases in the past year addressing the subject. eDiscovery attorney Kelly Twigger …
In E.E.O.C. v. M1 5100 Corp., (S.D. Fla. July 2, 2020), Federal District Judge Matthewman excoriated defense counsel for allowing the practice of unsupervised custodian ESI self-collection, declaring that the practice …
The Supreme Court of Vermont overturned a felony conviction due to the prosecutions’ failure to properly authenticate social media evidence, finding that the printed records subpoenaed directly from Facebook were …
Technology Assisted Review (TAR), when correctly employed, can significantly reduce legal review costs with generally more accurate results than other traditional legal review processes. However, the benefits associated with TAR …
The vital global effort to contain the COVID-19 pandemic will likely disrupt our lives and workflows for some time. While our personal and business lives will hopefully return to normal …
HealthPlan Servs., Inc. v. Dixit, et al., 2019 WL 6910139 (M.D. Fla. Dec. 19, 2019), is an important eDiscovery case addressing what is required and expected from organizations to comply …
As succinctly noted by The Florida Bar Association in its publication, Florida Law Journal: “Social media is everywhere. Nearly everyone uses it. Litigants who understand social media–and its benefits and limitations–can …