Until the circuit split regarding Rule 34 “control” over ESI possessed by a third party is resolved, determining an employer’s obligation to preserve and produce ESI contained on an employee’s personal mobile device that is used for work-related purposes will remain murky waters.
In the October 24, 2024 edition of The Legal Intelligencer, Beth Hurley wrote, “An Employer’s Rule 34 ‘Possession, Custody and Control’ Over ESI on ‘BYOD’ Devices.” Continue reading ›
With strict adherence to regulatory requirements and a commitment to producing safe and effective products, THC-infused beverage companies can take advantage of interstate commerce, standard banking and payment processing solutions, and e-commerce marketing tools.
In the May 7, 2024 edition of The Legal Intelligencer, Justin Serianni wrote, “High Hopes for Hemp Derived THC-Infused Beverages.” Continue reading ›
There are avenues through which parties can seek recovery of e-discovery expenses. Parties should understand the basis upon which courts will allow recovery of these costs and establish reasonable limits on the scope of discovery at the beginning of the litigation process.
In the January 26, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Strategies for Successful Recovery of E-Discovery Expenses.” Continue reading ›
Because jurisdictions vary widely in their treatment of deposition break conferences, practitioners should not assume that conversations with clients during deposition breaks will be covered by attorney-client privilege.
In the October 12, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Jurisdiction Matters: Things to Consider Before Consulting With Clients During Depositions“. Continue reading ›
Beyond the substantive legal matters at issue, one procedural aspect of the trial has also generated significant attention; namely, that the entire proceeding was livestreamed for the public. We discuss below the pros and cons of such coverage, the history of recording devices in courtrooms, as well as provide recommendations for balancing the countervailing concerns at issue.
In the June 16, 2022 edition of The Legal Intelligencer, Edward T. Kang co-authored, “‘Depp v. Heard’: Public Trials and the Social Media Era.” Continue reading ›
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