Strike One, Strike Two . . .
Fool me once, shame on you. Fool me twice, more shame on you. Fool me three times and you are in some hot water! Regardless of whether you are (or represent) the plaintiff or the defendant, your...
View ArticleLearn a Lesson from Smuckers®: Preserve Those BlackBerries
Suddenly find yourself at the wrong end of a trade secrets litigation? Heed this advice: When the court says “preserve,” that means documents, files, data, and BlackBerry® smartphones. Thus, be sure...
View ArticleYou’ve Got a Friend in Vendors … Until They Screw Up
Suppose you’ve got a business. Not just any business, however, but a state-of-the-art business. Not necessarily a business that sells state-of-the-art products or services, but a business that you...
View ArticleThe Crimes Are Virtual But The Damages Are Real: The World Gathers In Brazil...
Recently, our very own Fernando M. Pinguelo was able to sit down with Brazillian Cyber Law Attorney Opice Blum for a discussion on the Congress on Electronic Crimes and Protection. Below is a partial...
View ArticleSpoil Evidence and Spoil Your Savings
What can be more detrimental than giving your adversary access to your electronic files? The answer: not giving your adversary access to your files. Jacob Ahroner, the plaintiff in Ahroner v. Israel...
View ArticleI Deleted Your Damning Evidence and There’s Nothing You Can Do About It
Again with the scandalous sex tapes? Seriously? With all the publicity surrounding leaked sex tapes coupled with the prevalence and ease of digital communication, one cannot honestly believe such a...
View ArticleBanking on an Adverse Inference – NY Appellate Division Affirms Spoliation...
In 2002, bank employee Jacob Ahroner was not happy with his employer, Israel Discount Bank of New York. Consequently, in July 2003, he brought suit, alleging hostile work environment and...
View ArticleCourt Goes Nuclear on Deadline Desperados
This case arises out of the nuclear reactor accident that occurred at the Three-Mile Island Power Plant on March 28, 1979. This 3rd Circuit decision was rendered more than 20 years after the incident...
View ArticlePhotogrammetry for the Win!… If you know what it does.
The Federal Rules of Evidence (“FRE”) are notorious for their complication. Hearsay Rules continue to astound attorneys across the country. Now, in a more modern era, we have the advanced electronics...
View ArticleDefault Judgment Granted, Monetary Sanctions Imposed Against Plaintiff Tech...
Plaintiff’s counsel tried to distance the company and themselves from their retained consultant in an unsuccessful attempt to escape sanctions for multiple instances of misconduct. Illinois District...
View ArticleHow 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 ArticleWhen are Details of an Expert Analysis NOT Compelled?
Dover v. British Airways, PLC, involves a class action lawsuit where the plaintiffs alleged the airliner unlawfully imposed fuel surcharges on its frequent flyer program rewards flights. The...
View ArticleChanging Horses Midstream? Court Says “Yes” to plaintiff Switching From...
The court entered its usual case management order setting forth a timeline of how this case was going to proceed. One of the first phases of litigation is the discovery phase. This means that both...
View ArticleWhen Do Private, Personal Devices Become Discoverable During Litigation?
Last summer the District Court for the Northern District of Illinois decided a case that allows your old boss into your home. Well . . . not literally. Magistrate Judge Geraldine Soat Brown granted a...
View ArticleWhat Sanctions May a Court Impose On a Party That Fails to Comply With a...
The plaintiff and the defendants both sold Belly Bands, the plaintiff alleged that both Belly Bands were maternity band used to hold up pants. The plaintiff previously filed cases against the...
View ArticleDeleted Documents? Improper Withholding of Evidence?
Larry Klayman sued six separate journalist defendants for defamation. This case is about Klayman wanting more discovery from the defendants. Specifically, Klayman’s motion is to compel the production...
View ArticleCompanies ARE Responsible for Contractors’ Conduct – Even if the Contractors...
While this case involves the alleged infringement of multiple different types of intellectual property—both patents and copyrights—along with allegations of the misappropriation of trade secrets, I...
View ArticleExpert Reports: When Must You Disclose?
When Robocast saw the new UI (user interface) for the Microsoft Xbox 360 “Video” and “Home” channels, Windows 8 Xbox Music Box software, Bing.com, MSNBC.com, and MSN.com, all which utilized a video...
View ArticleNever Spend Your Money Before You Have It, And Never Allege Discovery Issues...
Author: Ashley E. MorganCase Citation: Physicians All. Corp. v. WellCare Health Ins. of Ariz., Inc., No. 16-203-SDD-RLB (M.D. La. Feb. 27, 2018) Employee/Personnel/Employer Implicated: Defendant...
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