According to one survey I read, there are approximately 250 million mobile phone users in the United States. That number is staggering as it actually exceeds the estimated number of U.S. citizens 18 and over. Basically, everyone has a mobile ...

Tagged with: eDiscovery Update Peter Coons

Electronic evidence, like people, comes in all shapes and sizes. Some people, who like to monitor their shape and size, are using fitness tracking devices like Fitbit. Fitbit is a wearable fitness monitor that wirelessly connects to your phone and ...

Tagged with: eDiscovery Update Peter Coons

The road to hell is paved with good intentions. In the matter of Alberta LTD v. Fossil Industries Inc., (Supreme Court of New York, Commercial Division, Order dated Sept. 8, 2014), hell was the court sanctioning defendants for discovery lapses. ...

Tagged with: eDiscovery Update sanctions

Why does it cost so much? Why does it take so long? Isn’t it just pushing a button? Those are typical questions I am often asked by clients, and when I hear this I think of the Staples Easy Button ...

Tagged with: eDiscovery Update Peter Coons

“Spoken words disappear after they’re heard. But what you say online remains forever. With confidential messages that self-destruct, Confide lets you avoid the Cloud, and takes you off the record.” The above quote is from the website getconfide.com, which offers ...

Tagged with: eDiscovery Update Peter Coons

It shouldn’t be a surprise that messages, posts and pictures from social media are discoverable. It also shouldn’t be shocking that litigants may post outrageous messages, posts and pictures. Are you representing a client who is claiming he or she ...

Tagged with: eDiscovery Update Peter Coons

The other day, I spoke with a client after reviewing a draft ESI stipulation he sent me. In it was a paragraph referring to the preservation of text messages from mobile devices. The parties were to agree that messages stored ...

Tagged with: eDiscovery Update Peter Coons

I spent last night drinking eggnog around a yuletide log, watching the Bills extend their playoff drought to 15 years and reflecting on this past year in the world of e-discovery. Yes, I lead an exciting life. As I pondered ...

Tagged with: eDiscovery Update Peter Coons

Two recent New York State court cases demonstrate that it takes more than missing emails for courts to levy sanctions for spoliation. ‘Curtin v. Blair Bros. Contracting’ The first case, decided Aug. 28, in the Supreme Court of New York, ...

Tagged with: eDiscovery Update Peter Coons

“A party seeking sanctions based on the spoliation of evidence must demonstrate: (1) that the party with control over the evidence had an obligation to preserve it at the time it was destroyed; (2) that the records were destroyed with ...

Tagged with: eDiscovery Update Peter Coons

“While the preservation, review, and production of ESI often involves procedures and techniques which do not have direct parallels to discovery involving paper documents, the underlying principles governing discovery do not change just because ESI is involved. Counsel still have ...

Tagged with: eDiscovery Update Peter Coons

There is no debate that social media has altered our lives both professionally and personally. Even if you don’t have a Facebook account or are not an avid Tweeter, chances are that a picture of you is on someone’s site ...

Tagged with: eDiscovery Update