The Discovery Update – August 2011


The Discovery Update – August 2011

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August 2011

From the President

This month, we are including “Advice for Lawyers Looking to Buy a New iPad,” which might shed light on some ways the iPad and its legal apps could benefit your practice.

Last fall, we introduced the Mobile Transcript app which provides you with the ability to fully utilize deposition transcripts on your iPad or smartphone at no charge. You can sign up one time and receive a Mobile Transcript anytime you schedule a deposition with us. You will be notified by email when it’s ready for viewing on your smartphone.

Please let us know how we can help you or your staff start using the Mobile Transcript app or any of our services.

Best regards,
Sheila Atkinson-Baker

Recognizing Reality with Preserving Social Media ESI

By Joshua Gilliland, Esq.

In a trademark dispute between restaurants, the Plaintiff brought a sanctions motion, claiming spoliation of the Defendant’s Facebook profiles.  Katiroll Co. v. Kati Roll & Platters, Inc., 2011 U.S. Dist. LEXIS 85212, 1-2 (D.N.J. Aug. 3, 2011). The Court denied the sanctions motion over the Facebook profiles.

The Plaintiff first argued that the Defendant failed to preserve his Facebook pages in PDF format, because the Defendant took down the pages after the Plaintiff sent a take down notice. Katiroll Co., at *9.

The Court held sanctioning the Defendant for following a take down request would be unjust, even if the Plaintiff’s take down notice was not legally proper.  Katiroll Co., at *9, fn 1.

The Plaintiff also argued that the Defendant changing his Facebook profile photo with infringing trade dress led to the loss of discoverable evidence. The Court very reluctantly clicked “Like” on this argument, but did not impose any sanctions.  Katiroll Co., at *9-11.

The parties agreed that when a user changes a Facebook profile photo, the user changes the photo associated with each status message or post they have done in the past.   Katiroll Co., at *9.
Read full article >>

Advice for Lawyers Looking to Buy a New iPad

By Jeff Richardson

I cannot count how many times an attorney at my law firm has told me that he or she wants to get an iPad and wants advice on what to get and then what apps and accessories to get. With over 250 lawyers at my firm, lately I’ve been getting this question at least once a week, so much so that I find myself sending essentially the same e-mail every time.

I thought about this recently when I saw that Virginia attorney Rob Dean wrote a great post on his WalkingOffice site called “New iPad? Start Here.” I am sending a version of my e-mail to one of my partners today, so I thought I would share that e-mail with the rest of you. If you have any other good recommendations for attorneys who are first time iPad users, I’d love to hear them.
Read full article >>

Recognizing Reality with Preserving Social Media ESI

Advice for Lawyers Looking to Buy a New iPad

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