2013 Florida Discovery Handbook
A reliable resource for all discovery issues, the 2013 edition of the Florida Discovery handbook includes a chapter on e-retention, e-discovery, ESI, and Florida’s new Rules of Civil Procedure. The Handbook is here.
What is a “Trade Secret” in Florida Discovery? (the existence of free cable tv, apparently)
What’s a “trade secret” for discovery objections and what are the steps for trial court review? In Bright House Networks, LLC v. Albert C. Cassidy et al. (Florida Second District, Jan. 10, 2014), we learn that at least one cable TV provider apparently provides free service to “a significant number …
Spying Spouses: Social Media & Divorce / Family Law
Thanks to the Palm Beach County Bar Association’s Family Law CLE Committee for inviting me to speak at the “Spying Spouses” seminar today. The materials for my section on “Family Law Discovery: Social Media and E-Discovery” is here. We discussed: * mistakes that lawyers make in e-discovery and social …
Judge Orders Neutral Examiner of Plaintiff’s Facebook Account
Faced with a dispute over whether a defendant hospital was entitled to access to the plaintiff’s Facebook account, a Pennsylvania judge ordered that a “neutral expert” would be given access to search the plaintiff’s Facebook account for photos of her engaging in physical activity and for references to “snow” (due …
Defendants Want Social Media, Plaintiffs Want E-Discovery
In civil lawsuits, particularly those involving individuals as plaintiffs and businesses as defendants, lawyers on either side are turning to new discovery tools that they can use against their opponent without much fear of retribution. Specifically, a defendant seeks a plaintiff’s social media. Embarrassing and risky for the plaintiff, perhaps, …
2013 Florida E-Discovery Seminar
Special thanks to the Palm Beach County Bar Association for hosting the CLE, 2013 Florida E-Discovery Seminar. This seminar discusses: 1. Top Ten Things to Know About E-Discovery (from Chin to Zublake, Litigation Hold Letters to Predictive Coding) 2. New Florida E-Discovery Rules (SC11-1542) 3. Sample Litigation Hold, Responses, …
Fawcett v. Altieri: A New York Court Gets Social Media Discovery All Wrong
A New York court has held that, based on a “survey of social media case,” that there is a two prong test for production of Facebook content which includes developing facts before conducting certain discovery. The court notes that Facebook production is “tantamount to a costly, time consuming fishing expedition…” …
What Does a Child Pornography Case Tell You About Computer Evidence?
Want to know how to find (or hide) on a computer what websites were visited, what images were viewed, and what files were deleted? Even if you are not a computer forensic specialist, you can find this information using basic steps and free software on the Internet. This is helpful …
Lawyers in the Cloud
Considering using “cloud” storage for your law firm? Or do you already use services like DropBox and GoogleDrive to transmit large attachments via email links? Increasingly, lawyers like everyone else are moving towards the cloud. Is it safe? What do you need to know before you commit? If you already …
Discovery of Facebook Content in Florida Cases
At least two Florida courts have issued orders permitting the discovery of Facebook content in civil actions (one is here). This has been the subject of orders, appeals, and articles around the country. But how exactly do you pursue social media discovery (or, conversely, protect your client from it?). “Discovery …
Digital Photos Have Metadata Too
Lawyers and businesses overlyfocused on e-discovery often raise interest in other parties’ metadata (as well as concern about their own). Good practices call for companies and firms to scrub email attachments before sending. But digital photos are often forgotten and, worse, overlooked by common scrubbing software. Even in our …