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Electronic Discovery Law
New York Court Provides Detailed Instruction on Protocol for Discovery of Cloned Hard Drive
Upcoming Events - August
Court Orders Retention of Third Party Vendor to Assist with Document Review and Production, Appoints Special Master to Resolve Future Disputes
Citing Rule 37(e), Court Denies Spoliation Sanctions Despite the Existence of a Duty to Preserve
Court Compels Production of ESI for a Period of 18 Years, Shifts Majority of Costs to Requesting Party
Culpability for Allowing Evidence to Become Inaccessible a Factor for Consideration when Determining Good Cause to Compel Production
Jury Instruction Allowing Inference that Destroyed Evidence Was Unfavorable and Payment of Attorneys' Fees and Costs Ordered as Sanction for Failure to Preserve
Upcoming Events - July
Government Employer's Search of Employee's Text Messages on Employer-Issued Pager Did Not Violate Fourth Amendment
Pursuant to Stored Communications Act, Court Quashes Subpoena for Private Messages, Remands for Further Consideration of Facebook Wall and MySpace Comments