Court Orders Defendant to Re-Post Facebook Profile Photo

http://ow.ly/6jIJN

A case summary from the KL/Gates Electronic Discovery Law Case Summary webpage.

The case of Katiroll Co., Inc. v. Kati Roll & Platters, Inc., No. 10-3620 (GEB), 2011 WL 3583408 (D.N.J. Aug. 3, 2011) is an interesting case regarding Facebook posts.  The defendant had posted pictures of a dress, and was accused of trademark infringement.  The defendant took down posts of pictures in question, as per the plaintiff's request.  The plaintiff then sought sanctions against the defendant for failing to preserve the Facebook evidence in the original form that it existed.


The court imposed a ruling that avoided imposition of the sanctions sought by plaintiff but ordered the following alternative solution, "Accordingly, the court concluded that “a less imposing alternative” was “the best solution” and ordered the defendant to replace the picture “for a brief time so that Plaintiff may print whatever posts he thinks are relevant . . .” Thereafter, the picture was to be immediately changed back to the non-infringing image."

Lexis Research Service to Go Mobile

http://ow.ly/6jI2R

Article by Evan Koblentz on law.com on the LTN website.

This article discusses the fact that Lexis-Nexis will soon be launching a series of mobile applications for various devices that will enable attorneys to do legal research on such devices.

As the article states, "LexisNexis' Eliana Ferreira, director of product planning for dockets, briefs, pleadings, and motions, said her company is designing the sites and applications based on which features customers report using most often. "There was a time when people would say, 'I'm not even going to look at a mobile for something like this,'" she observed. However, the proliferation of mobile devices shows that customers are changing their minds, she said."


Case law on your smartphone and iPad...easier to find billable hours than ever!

KPMG Adds Predictive Coding Feature to Discovery Radar

http://ow.ly/6jH3N

Article by Evan Koblentz on law.com LTN website.

This article discusses predictive coding technology, and the fact that KPMG's consulting services are now advising clients to utilize predictive coding.  The fact that a provider as reputable as KPMG is adopting this type of technology adds credence to the validity of this type of process.

This type of service is now offered through several different service providers, all have varied models and workflows.  SRM Legal can provide such services, in conjunction with proprietary technology provided to us through channel partners.  If you wish to learn more, feel free to contact SRM Legal.

Depending on the nature of the case, and the time period that is required to complete the review, service options can be tailored to fit the budget, and complete the required tasks properly.

Plaintiff Sanctioned for Failing to Produce a 30(b)(6) Witness Able to Discuss ESI

http://ow.ly/6jiaK

This is a case posed on docs.Justica.com which provides an opinion on the case, ACE USA et al v. Union Pacific Railroad Company, Inc., Civ 09-2194 in the District Court in Kansas.

This case discusses a situation where the plaintiff produced a witness at a deposition that was not prepared to discuss the plaintiff's electronically stored information.  The defendant was granted monetary sanctions for this delay, and the plaintiff was ordered to meet and confer with the defendant to produce a proper witness to resolve this dispute.

Is Your GC Your Company's "Moral Compass"?

http://ow.ly/6jhmP



An article on law.com on the corporate counsel webpage, written by Brian Glaser.

This article focuses on a post by Tom Kilroy regarding the ethics that are attached to a person serving the role of corporate counsel GC. The author quotes Tom Kilroy's statement as follows, "Within this context, he (Kilroy) asks, "What is the role of an employed lawyer, particularly the most senior lawyer, the general counsel, in relation to ethics in a private enterprise?""

"The GC does have a special role in providing an objective view on what's right," "a GC needs to be sufficiently embedded to be able to couch their input in terms of business goals," and "a GC can be misused by a business that wants to 'game' the system rather than comply."

 As the article mentions, the GC should have a role in the corporation's direction, and should be involved when he or she feels the direction is not correct.

E-Discovery and Compliance Risks Posed by the iPad

http://ow.ly/6iDPv

Article by John Martin, appearing on law.com on the LTN blog, on the corporate counsel webpage.

This article discusses many of the compliance risks, and eDiscovery challenges that are caused by iPad usage.

As the author points out, using iPads come with certain responsibilities, "Rule 34 of the Federal Rules of Civil Procedure is written broadly enough to cover new devices, such as iPads, that create, transmit, and preserve electronically stored information. As companies deploy more and different devices, dispersing their sources of ESI, the risk that preservation and collection efforts will fail to prevent spoliation and other e-discovery perils increases."

As a further challenge to corporate I.T. policies,  the article states "The iPad's lean design and engaging user interface encourage users to draft, import, modify, and save business documents at a rate well beyond that of more traditional mobile devices. That phenomenon, coupled with the possibility of inconsistent or infrequent synchronization between iPads and the company network, increases the likelihood that unique data will reside on iPads."


An additional compliance risk is also created by iPad use, as the author states, "Employees who are free to add or delete their own iPad apps may unknowingly create legal and compliance risks. For example, an employee who deletes an app may unintentionally also delete all content related to that application, including user-created or downloaded content. To the extent that this application contains critical business data, or data subject to a litigation hold, its loss could carry serious consequences."

Hence it is clear that there are many reasons to address the use of iPads in the corporate environment.  For those corporations that fail to so, the threat of spoliation sanctions looms large.

Teacher Allowed to Sue Software Co. for Sending Her Explicit Photos to Cops

http://ow.ly/6iBIJ

Article by Debra Cassens Weiss, appearing on The ABA Journal Law News Now website.

This article discusses a case where allegations are made that the Electronic Communications Privacy Act and the Stored Communications Act were both violated.

The situation describes an investigation of a stolen laptop that was equipped with a type of LoJack software for computers, which gave the defendant, a software company, the ability to remotely access the computer.  The computer was sold to a female teacher by a student, whom said he was getting a new laptop and no longer needed it.  The computer was then used by the teacher to communicate with her boyfriend, and the communications included three photos of the teacher in the nude.

The defendant software company accessed the computer, and provided the content to the police to assist with the investigation.  The plaintiff has filed an invasion of privacy claim, alleging the software company violated Federal Law by turning the explicit photos over to the police.  The case has survived a summary judgement motion to dismiss, and the outcome of this case will help clarify what protection, if any, that an entity that is not a public law enforcement agency has when it comes to voluntarily turning over electronically stored information to the police.

There is also a Fourth Amendment case proceeding against the law enforcement agency involved, for conducting a search of the plaintiff's premises with no warrant.