Ediscovery advantage, volume 2, issue 3 *

USA - September 4 2012
Over the course of this summer, two states – Florida and Illinois – have amended existing rules to address electronically stored information (“ESI”) and/or social media.

Co-authors: Matthew W. Poplawski, Martin Geagan.

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Search and seizure *

USA - June 28 2012
Federal courts continue to consider the government’s right to seize and search relevant ESI.

Co-authors: Paul Flucke, Melinda Lackey, Martin Geagan.

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Recovery of discovery costs *

USA - June 28 2012
Federal courts remain divided on whether eDiscovery costs are recoverable under 28 U.S.C. § 1920.

Co-authors: Paul Flucke, Melinda Lackey, Martin Geagan.

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Virginia State court approves use of predictive coding *

USA - June 28 2012
Following on the heels of Magistrate Judge Peck’s decision in Da Silva Moore v. Publicis Groupe SA, the court in Global Aerospace Inc. v. Landow Aviation, L.P., Consolidated Case No. CL 00061040-00 (Viriginia Circuit Court Loudoun County, April 23, 2012) (J. Chamblin), ordered that the defendants could use predictive coding for the processing and production of their electronic documents over the objection of the plaintiffs

Co-authors: Paul Flucke, Melinda Lackey, Martin Geagan.

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Social media – cases *

USA - June 28 2012
In contrast to earlier decisions holding that Facebook postings are entitled to First Amendment protection, in Bland v. Roberts, --- F.Supp.2d ----, 2012 WL 1428198 (E.D. Va. Apr. 24, 2012), Judge Raymond A. Jackson held that simply “liking” a Facebook page does not constitute “speech” subject to constitutional protections.

Co-authors: Paul Flucke, Melinda Lackey, Martin Geagan.

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