The Discovery Update – April 2015

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07Apr2015

The Discovery Update – April 2015

  • Sheila Atkinson-Baker
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From the President

Because we want to help you be more efficient in your work, we’ve made it possible for you to access your entire deposition calendar any time of the day or night via our website.  Here are the features of the Client Center:

• Secure, centralized, fast online scheduling
• Shows all jobs that are current, those that were cancelled, your entire history, and future calendar
• Limit the information to a particular case, key witness, or attorney, and get the specifics on any deposition
• Review calendar anywhere, anytime
• View or download transcripts and exhibits within seconds
• Extremely easy and convenient to change, cancel, or reschedule jobs any time

For more information about the Client Center and how it can save you time, take a tour.  Then contact us so we can provide you with a secure login ID and password.  Our goal is to provide you with tools that will help you in your practice.  Please let us know what else we can do for you.

Best regards,
Sheila Atkinson-Baker

Focus on the Merits to Find What is Relevant, Not Search Terms Alone

By Joshua Gilliland, Esq.

Responding to a discovery request marries the practice of law to search technology. Rule 26 conferences in federal court often have parties spending a significant amount of time exchanging “search terms” to determine the most effective discovery protocol for a case.

I think focusing on “search terms” alone is the wrong focus. Parties in a meet and confer should focus on search concepts, such as who are the relevant individuals, date ranges, and core terms. However, the focus should be on how to identify what is relevant to the claims and defenses in a lawsuit and not the minutia of “search terms.”

Consider the case of In re Lithium Ion Batteries Antitrust Litig. The parties negotiated and developed a search protocol using search terms. The Court summarized the ESI protocol as follows[1]:

Read full article

Privacy Settings Won’t Keep Social Media Posts Out Of Court

By Casey Perkins and Robin Perkins

On Jan. 7, 2015, in Nucci v. Target Corp., et al., the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted to her Facebook page. (Fla. Dist. Ct. App. Jan. 7, 2015). The court held there is little, if any, right to privacy in photos posted on Facebook or other similar social networking sites. In this case, the plaintiff asserted personal injuries resulting when she slipped and fell on a foreign substance in a Target store. Specifically at issue on appeal were more than 30 photos the plaintiff posted on Facebook and then removed shortly after the photographs were discussed during her deposition.

The plaintiff objected to Target’s written request to produce the photos, asserting that her use of Facebook privacy settings created a right to privacy, and further that the federal Stored Communications Act prohibited disclosure of her Facebook photos. The court balanced the plaintiff’s purported right to privacy against the relevance of the photos to her damages claim. While the court recognized that the Florida Constitution provides a broader right to privacy than the U.S. Constitution, it nonetheless held that photos posted on social networking sites are neither privileged nor protected by any privacy rights, despite the use of privacy settings.  Read full article

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FOCUS ON THE MERITS TO FIND WHAT IS RELEVANT, NOT SEARCH TERMS ALONE

PRIVACY SETTINGS WON’T KEEP SOCIAL MEDIA POSTS OUT OF COURT

SPEED VS. VELOCITY: DRIVING THE DIRECTION OF THE CASE

SMALL FIRMS ARE USING DATA TOOLS FOR ANALYSIS, TOO

WHAT YOU MIGHT HAVE MISSED

Test the Credibility of Your Turncoat Witness

Train, Don’t Cull, Using Keywords

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Speed vs. Velocity: Driving the Direction of the Case
Read it »

Small Firms are Using Data Tools for Analysis, Too
Read it »

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5 Questions to Ask Before Taking a Deposition
Read it »

Managing Litigation Checklist
Read it »

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