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Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s reliance on an employee involved in the litigation to self-select relevant documents was appropriate under the circumstances

Lack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails

Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court did not condone the defendant’s actions (describing them as “disturbing”), it reasoned that the ESI “did not appear to be relevant” and therefore did not prejudice the plaintiff.

An Ounce of Data Breach Prevention...Address Attorney-Client Privilege in Your Breach Planning

Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases — in the health care space alone (which holds the dubious honor of Most Likely To Be Attacked), a FBI and HHS’ Office for Civil Rights report notes that ransomware attacks occur at the rate of 4,000 per day, a four-fold increase from 2015. Experienced data breach forecasters continue to predict that cyber-attacks will continue to increase in frequency. Although data security and breach response are constantly in the headlines, studies demonstrate that organizations remain unprepared to effectively respond to a data breach.

Futurama: How Innovation Can Help Lawyers Meet Client Needs Efficiently

Zev Eigen, Littler's Global Director of Data Analytics, and Ron Dolin, Senior Research Fellow at Harvard Law School Center on the Legal Profession and an Adjunct Assistant Professor at the University of Notre Dame School of Law, discuss the current and future state of technology in law.

Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her emotional state and physical activity. The defendant had requested the history of the plaintiff’s Facebook accounts dating back three years before the accident.

Association of Corporate Counsel Issues Guidelines for Law Firm Cybersecurity Practices

The Association of Corporate Counsel (ACC) recently released a set of guidelines intended to serve as a benchmark for law firm cybersecurity practices. The guidelines include information retention, return, and destruction, data handling and encryption, data breach reporting, physical security, employee background screening, and cyber liability insurance. The requirements were developed based on corporate law departments’ experiences and with input from several law firms.

Court Issues Warning To The Bar Regarding Use Of “Boilerplate” Discovery Objections

In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause why they should not be sanctioned for discovery abuses based on the excessive use of “boilerplate” objections to discovery requests.

Lawyers ? Partnering with Non-Lawyers

Law firm financing has become an increasingly complex and interesting aspect of the legal business. From personal injury litigation loans, to the financing of the Gawker lawsuit by a Silicon Valley billionaire, it appears many want to get a piece of a lawsuit these days. However, the Second Circuit recently affirmed a district court ruling that law firms are still forbidden fruit for third-party financiers.

California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their “reasonable expenses” incurred, including attorneys’ fees, in making their motion.

Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA). Crabtree v. Angie’s List, Inc.