Rule 34 and TIFF Productions in the Clouds

German v. Micro Elecs., iNC., is an employment case that involved discovery disputes centering on the Plaintiff’s mitigation of damages, including among other issues, the Plaintiff’s calendars and online activity, including blogging and records-keeping. The Plaintiff’s attorney claimed the Plaintiff had hardship in responding, because she could not afford to make copies,[…]

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Bow Tie Law 1st Anniversary

December 30, 2009 marks the first anniversary of “Bow Tie Law.”  2009 was a watershed year of case law, with litigation hold opinions coming up weekly this summer; the mandatory exclusion of ESI for the failure to disclose or supplement discovery; and judges holding attorneys to a higher standard for electronically stored[…]

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Twitter: Prohibited Jury Communications in Missouri

The pending jury instructions from the Supreme Court of Missouri address Web 2.0 and instant communications head on.  The jury instruction specifically states: You are not permitted to communicate, use a cell phone, record, photograph, video, e-mail, blog, tweet, text, or post anything about this trial or your thoughts or[…]

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Juror Misconduct: When the Judge Says Don’t Talk About the Case, that Includes Facebook & Twitter

Who knew 140 characters, a few status messages, and tags could play a big role in a court opinion hitting juror misconduct?  It is not a huge surprise in a criminal case involving politics, money and fraud.  A Little Background: The Criminal Case against the Defendants Multiple Defendants were charged[…]

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Status Messages and Client Confidences

Web 2.0 marketing is a highly effective way for lawyers to promote their services to prospective clients.  Web 2.0 marketing is leveraging collaborative programs hosted over the Internet, such as social networking sites or Wikis, to provide content highlighting an attorney’s services.  This form of marketing could also result in[…]

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