NY Daily Record Since 1908

Discovery is often an expensive proposition. Costs to collect, review and produce documents can stack up early in the life of a case and have been known to prematurely force parties to the settlement table. Any attorney unlucky enough to ...

Have a hankering for that midday Snickers bar, but left your wallet at home? No problem. The vending machine in your office lobby will gladly accept your fingerprint as proof of payment. Left your fingerprint at home too? Well then, ...

As the digital age steamrolls forward, the exchange of sensitive personal information has become an intractable and necessary part of life. For the vast majority of humanity, not a day goes by without some exchange of digitized personal information. In ...

Tagged with: eDiscovery Update John Larimer

Dear John: I work for a small technology company and we have recently been sued by a competitor in Federal Court in New York. We are in discovery and have requested that Plaintiff produce a variety of information, including any ...

Dear John, We are third-year law students at Syracuse University. We take class notes on laptops, pay bills online and get bank statements delivered electronically. None of us can remember the last time we actually printed something out on paper. ...

Tagged with: eDiscovery Update John Larimer

Dear John, My client recently became aware of a potential lawsuit and promptly issued a litigation hold. My client also held training sessions to ensure compliance with the hold. However, I suspect that one of the senior employees subject to ...

Tagged with: eDiscovery Update John Larimer

Dear John, As a football fan and a newly admitted attorney, I have been following the Colin Kaepernick controversy with great interest. I read recently that as part of Kaeperrnick’s grievance against the NFL, team owners and league executives, who ...

Tagged with: eDiscovery Update John Larimer

Dear John, I have a case in federal court in the early stages of discovery. My client possesses a significant amount of electronic data that I know I will need to produce. I have just received opposing counsel’s document demands ...

Tagged with: eDiscovery Update John Larimer

Dear John, I have a new case in federal court and I anticipate that both parties will need to sift through a high volume of electronically stored information (“ESI”) for potentially relevant documents. Opposing counsel wants the parties to take ...

Tagged with: eDiscovery Update John Larimer

One of the coolest gadgets that made it down my chimney this Christmas was the Amazon Echo. You’re not familiar with the Echo? The Echo is billed as a personal digital assistant. Basically it’s a Bluetooth-enabled speaker that is also ...

Tagged with: amazon eDiscovery Update Peter Coons

Two recent cases in two different courts dealt with the issue of technology assisted review (“TAR”) and its use in discovery. At issue in each case was the plaintiff’s desire for defendants to use TAR instead of relying on search ...

Tagged with: eDiscovery Update Peter Coons

Having a Solid Litigation Response Plan May Prevent Sanctions When does the destruction of email messages of a named plaintiff by the defendant’s IT department lead to sanctions? Apparently not in the matter of Auffarth v. Herald Natl. Bank (Supreme ...