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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.

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule and the privacy concerns implicated in the request. In Carlson v. Jerousek, 2016 IL App (2d) 151248, P4 (Ill. App. Ct. 2d Dist. 2016), defendants in a personal-injury case moved to compel discovery of “electronically retrievable information,” ultimately asking the trial court for unrestricted access to inspect plaintiff’s personal computers, including a computer leased to plaintiff by his employer.

Lawyers are Stressed Out

Running a professional practice can be stressful. To be successful, professionals often must work long hours, under tight time constraints, and respond to the needs of demanding clients, while simultaneously working to manage their business and market themselves to new clients. For many professionals, the challenge of working in a professional practice is part of the reward. However, for others, the work can at times be overwhelming. Statistically, an alarming percentage of the legal profession is stressed and, unfortunately, many are depressed.

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the scope of the putative class’s claims. Instead, the Court directed the parties to share information and agree upon an appropriate methodology for statistical sampling.

Lack Of Prejudice Results In Limited Sanction Against Defendant

In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena James of the Northern District of California denied plaintiff’s motion to exclude spoliated evidence that was relied upon by defendant’s expert, reasoning that the plaintiff failed to show sufficient prejudice to warrant such a sanction. The Court, however, did order that defendant’s expert sit for a four hour deposition to cure any prejudice resulting from defendant’s failure to engage in “best practices” related to the preservation of such evidence.