Bow Tie Law

Always Explain "Why" to the Judge

A Plaintiff brought a motion to compel “access to electronic records,” claiming the Defendants had “withheld electronically stored information” and had not produced a “chronological e-mail history of any kind.” Murray v. Coleman, 2012 U.S. Dist. LEXIS 130219, 1-3 (W.D.N.Y. Sept. 12, 2012). The Defense attorney claimed that the Defendant[…]

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Forensically Examining A Lawyer’s Computer

In a dispute over a will and deed transfer, a New York State Court ordered the examination of a lawyer’s computer. The idea of an attorney’s computer being searched by third parties should scare lawyers to death. The attorney objected on the grounds the examination would violate the attorney-client privilege[…]

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No Differences in Discoverability Between Social Media & Email

Letters versus telegrams. Faxes versus emails. Attorneys must be familiar with the many ways people have communicated in the everyday course of their lives. “Social media” is just another evolution in technology for possible sources of electronically stored information. Robinson v. Jones Lang Lasalle Ams., is a case centering on a motion[…]

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