Delaware Default Discovery Standard *

USA - April 26 2012
On December 8, 2011, the U.S. District Court for the District of Delaware revised its “Default Standard for Discovery, Including Discovery of Electronically Stored Information".

Co-authors: Charles Patel, Ashlea Raymond, Mark Smith, Anna Lamut.

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Federal rulemaking *

USA - April 26 2012
The efforts to consider new rules relating to preservation triggers, scope and sanctions continues.

Co-authors: Charles Patel, Ashlea Raymond, Mark Smith, Anna Lamut.

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Supreme Court rules geolocator affixed to car violated Fourth Amendment privacy *

USA - April 26 2012
The Electronic Computer Privacy Act does not specifically address new technologies, such as mobile phone geolocator data, that law enforcement officials are increasingly using to prosecute criminal defendants.

Co-authors: Charles Patel, Ashlea Raymond, Mark Smith, Anna Lamut.

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Preservation and spoliation *

USA - April 26 2012
Courts continue to address the extent to which parties are required to preserve electronically stored data, including information created and shared using social media, and the appropriate sanctions to impose when a party spoliates evidence.

Co-authors: Charles Patel, Ashlea Raymond, Mark Smith, Anna Lamut.

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Recovery of costs *

USA - April 26 2012
Courts continue to struggle with the extent to which prevailing parties can recover their eDiscovery costs under 28 U.S.C. § 1920.

Co-authors: Charles Patel, Ashlea Raymond, Mark Smith, Anna Lamut.

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