Legal Solutions  Blog

This series of blogs  gives the reader a perspective on the rights, duties, and responsibilities of employers and employees with respect to digital sexual harassment in the workplace. Part Three. Judicial Response to privacy in the workplace  In this installment on preventing sexual harassment, I will look at the judicial response to privacy in the workplace and the [...]

As a party selected mediator and court appointed e-discovery neutral, special master, and forensic expert, I have had the fortunate opportunity over the course of the past several years to be involved in many matters in federal and state court. Recently, a light bulb went off: the benefits of e-discovery mediation should be considered by a [...]

This series of blogs  gives the reader a perspective on the rights, duties, and responsibilities of employers and employees with respect to digital sexual harassment in the workplace. Part Two. Monitoring Technology in the Workplace In this follow-up to the last post on the reasoning and background related to monitoring employees’ digital communications in the workplace , I want to discuss [...]

An important feature of professional sports is the interdependence between the player, the team, and the league. Take, for example, the NFL.  Each player can only play football as part of a team, and no team can exist without players.  Likewise, even though each team is a separate corporate entity unto itself, NFL football is produced [...]

This series of blogs gives the reader a perspective on the rights, duties, and responsibilities of employers and employees with respect to digital sexual harassment in the workplace. From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances [...]

Expansion of Parties Subject to the Rule Given the tremendous popularity of the Internet among children and the potential for unscrupulous Internet actors to prey on the inexperience and naivety of young people, it is not surprising that the federal government intervened early on in the development of the online world with the enactment of the Children’s Online [...]

Overview of How E-Discovery Is Handled in Various Forum Countries Global companies often have operational nuclei in various countries in order to leverage the local economies.  Although the physical operations may be spread broadly in a geographical sense, some multinational corporations centralize their technology operations in a series of data centers that may not be optimized for [...]

In the previous installment we looked at the US and EU response to technology in the course of litigation. Today I want to continue the discussion and look closely at a few of the distinctions. In the United States, the amended Federal Rules of Civil Procedure direct litigants on what subject matters are in the purview [...]

Upon last writing, I gave a short overview of the major legal systems around the globe. In this edition, I want to address how e-discovery evolved within the context of the U.S. legal system. The concept of “electronic” evidence is now commonplace in civil litigation. In 1970, the Federal Rules of Civil Procedure were amended to [...]

In the prior installment of this blog, I discussed the framework for e-discovery in the United States. In this post, I will discuss the leading law systems in use throughout the world, and the use of arbitration in those jurisdictions. The majority of the United States, the United Kingdom, Canada, and India, as well as Australia, New [...]

The Current E-Discovery Model in the United States In the United States, the most notably impacted area in civil litigation has been the incorporation of discovery plans for the exchange of electronically stored information (“ESI”) into courts’ pretrial scheduling orders by the Court (Federal Rules of Civil Procedure (“FRCP”) 16 ). This is done in accordance with [...]

In this next series of blog posts I want to address the increasingly common cross-border litigation and how the response to electronic discovery (“e-discovery”) differs among civil and common law jurisdictions.  Businesses across the world employ computer technology in their daily operations and the challenges they confront are often uniform with respect to the collection, review, [...]

What Comes Next This four part series examines the application of electronic discovery laws to mobile communications, and how the relationship between the two raises a litany of unique issues regarding privacy, data retention, and production. In the third installment of this blog, I reviewed the 2006 revisions to the Federal Rules of Civil Procedure and the [...]

This four part series examines the application of electronic discovery laws to mobile communications, and how the relationship between the two raises a litany of unique issues regarding privacy, data retention, and production. The Federal Rules Are Amended Again In the previous installment of this blog I gave a quick summary of how mobile messages are transmitted [...]

This four part series examines the application of electronic discovery laws to mobile communications, and how the relationship between the two raises a litany of unique issues regarding privacy, data retention, and production. Mobile Device Messaging and eDiscovery the Mechanics and their Effects on the Federal Rules In the first installment of this blog series on mobile [...]

This four part series examines the application of electronic discovery laws to mobile communications, and how the relationship between the two raises a litany of unique issues regarding privacy, data retention, and production. Do you remember when there were two party phone lines or when a melodious-voiced operator would ring your phone and say “please hold, [...]

In this five-part series on criminal e-discovery, I will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings. E-discovery is rapidly making headway in civil proceedings, but the criminal courts have not taken to digital evidence as quickly. This short series of articles will give insight to the current [...]

In this five-part series on criminal e-discovery, I will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings. E-discovery is rapidly making headway in civil proceedings, but the criminal courts have not taken to digital evidence as quickly. This short series of articles will give insight to the current [...]

In this five-part series on criminal e-discovery, I will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings. E-discovery is rapidly making headway in civil proceedings, but the criminal courts have not taken to digital evidence as quickly. This short series of articles will give insight to the current [...]

In this five-part series on criminal e-discovery, I will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings. E-discovery is rapidly making headway in civil proceedings, but the criminal courts have not taken to digital evidence as quickly. This short series of articles will give insight to the current [...]