Production of Text Messages Protocol

The sensitivity courts are showing to text messages and public employees’ reasonable expectation of privacy has been very impressive.  This sensitivity is evident in cases such as Quon v. Arch Wireless Operating Co., Inc., which found that a police officer had a reasonable expectation of privacy in his messages, due[…]

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Ethics of e-Discovery (or, Teaching Lawyers Ballet)

“Watching an incompetent lawyer is like watching a clumsy ballerina.”  Magistrate Judge John M. Facciola, February 4, 2009  Magistrate Judge John M. Facciola’s keynote at Legal Tech 2009 had a call to action for lawyers to have certifications and standards of competence regarding technology.  In light of how everyday life[…]

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Discovery Production Workflow: Lessons from Magistrate Judges Facciola & Grimm

In my prior posting Playing with Fire: Producing ESI as Paper we looked at the dangers of producing ESI as paper.  In addition to the legal analysis, Judge Facciola outlined a workflow for the parties in Covad Communications Company v. Revonet, Inc. The Defendants represented to the Court that it[…]

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Playing with Fire: Producing ESI as Paper

“…Revonet’s producing the e-mails only in hard copy played with fire. ” Magistrate Judge John Facciola, Covad Communications Company v. Revonet, Inc.  I have blogged on parties failing to state a form of production in prior postings and producing parties attempting to produce ESI as paper or non-searchable TIFFs.   In[…]

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Standards to Identify Anonymous Posters for Defamation

The internet is creating emerging legal issues, from jurisdiction to discovery. The identification of anonymous bloggers-posting defamatory statements on the internet–is one of those issues.   Judge Rory J. Bellantoni, Ottinger v. Non-Party The Journal News In Ottinger v. Non-Party The Journal News, 2008 N.Y. Misc. LEXIS 4579 (N.Y. Sup.[…]

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