Knotty Issues of eDiscovery
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,[…]
Read moreThe epic United States Supreme Court opinion on campaign finance reform sneaked in a passage on social networking and Free Speech. The opinion is over 100 pages long, with Concurring and Dissenting opinions, so this is by no means a comprehensive review of Justice Kennedy’s majority opinion. Justice Kennedy stated:[…]
Read moreDecember 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[…]
Read moreThe 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[…]
Read moreMy 101st post is different than any of my other postings to date: Here is the story behind the Bow Tie Law Blog and my thoughts on the practice of law. I have an amazing career. While I was at CT Summation, I traveled to Alaska, across Canada, met with[…]
Read moreCameras in Courtrooms have been the cannon fodder for courtroom sketches for years. A recent court order for a trial in Florida highlights how judges are keenly aware of technology and reporters. A temporary press room was set up for reporters covering a criminal trial. The reporters would be allowed to[…]
Read moreWho 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[…]
Read moreIn an age where reporters are Tweeting from Courthouses and Citizen Paparazzi (Snaparazzi) roam the streets with iPhones, one can imagine a slip of the tongue resulting in juror misconduct. In the nightmare case of an elderly defendant who drove through a farmers’ market, the question of juror misconduct surfaced[…]
Read moreThe internet has made applying the traditional touchstones for personal jurisdiction challenging. Ever so slowly courts have addressed the personal jurisdiction questions in internet cases, to arrive at a point now where there may not be bright lines to guide us; but there are definitely guidelines emerging. U.S. District Court[…]
Read moreWeb 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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