How Can You Be Found Guilty of Computer Sabotage When You’re No Longer...
On July 31, 1996, plaintiff Omega Engineering Corp. (“Omega”), a New Jersey based company, lost its computer programs relating to design and production permanently from its system. Omega manufactured...
View ArticleWant to Produce Documents? Produce Something Else First.
The plaintiff, Torrington Co., sought to challenge a final determination made by the International Trade Administration of the United States Department of Commerce. The case centered upon the discovery...
View ArticleWill A Tangled Web of Preservation Failures Lead to Sanctions?
Preserving electronic data can be a challenge for companies with multiple data centers. However, what we have here is a failure to communicate. The case at issue is an ERISA class action against...
View ArticleShould I Obstruct Discovery?—A Classic Pyrrhic Victory Problem
A pyrrhic victory is defined by winning an early battle but eventually losing the war because of the costs and expenses of that earlier battle. Everyone has heard the phase, “you may have won this...
View ArticleCourt Protects Against Requested Deposition of An IT Witness for Fear of...
Philips and Hunt may have been debating the ownership of the tagline “Sense and Simplicity,” but it seems the U.S. District Court for the District of New Jersey was more interested in exploring the...
View ArticleCan Your Facebook Page Be Used Against You? Social Media and the Criminal Trial
We all have personal social media pages. No matter who you are, you likely have an online presence in the form of a profile on one of the many sites available on the Internet. One who simply forgets...
View ArticleWhen Is An Employer Permitted To Monitor and Review An Employee’s Internet...
On March 10, 20108, Marc Liebeskind began working at Rutgers Facilities Business Administration Department. By March 28 of that year, Liebeskind was terminated for lacking the basic skill set needed...
View ArticleRecycling—Helps the Earth, Saves Lives, and Destroys Electronic Evidence
“Recycle,” “conserve,” “waste,” and “pollution” are terms that were implanted into the minds of each of us at a young age and are now they are being instilled into companies worldwide as a measure to...
View ArticleWhat Happens When the Smoking Gun is Thrown in the Recycling Bin?
In January 2014, the Hon. Lawrence E. Kahn in the U.S. District Court for the Northern District of New York granted plaintiff Dataflow, Inc.’s motion for sanctions in a case regarding deleted email...
View ArticleSearch Terms Must Be Arguably Relevant to Stand Judicial Review—Potential...
Federal Rules of Evidence Rule 401 defines something as relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of...
View ArticleTake Discovery Seriously
The court first directed the defendant to produce the file of the plaintiff’s insurance claim in 2007, and needless to say, even in 2014 the defendant still had not produced everything. Over one year...
View ArticleProtection For Blogs Can Stop Discovery On Personal Blogger Information!
This case involves ACT, a career guidance service firm that assists job seekers throughout their job search, suing Daniel Drasin, the administrator of a blog known as Random Convergence. According to...
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