Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him. After trial, the jury returned a verdict in the officers’ favor. Hoffer appealed the judgment, arguing the district court erred in denying his request
Discovery in the United States is uniquely broad, and under the Federal Rules of Evidence and various state laws, parties have a legal obligation to preserve documents and data if they know or should have known that they represent relevant evidence in pending or reasonably anticipated litigation.[1] Companies headquartered outside of the United States
On May 17, 2024, the Judicial Conference’s Advisory Committee on Evidence Rules released its report on artificial intelligence, which discusses the potential need for modifications to the Federal Rules of Evidence. The committee issued this report after its April 2024 meeting, which featured testimony from several AI experts. While the committee did not identify
In trademark infringement case ZAGG Inc, v. Ichilevici et al., ZAGG, a manufacturer of screen protectors and other products deposed a corporate designee of the defendant the day before discovery closed. As a result of that deposition, ZAGG sought both to compel the production of additional documents and an extension of the discovery deadline
In Jim Hawk Truck-Trailers of Sioux Falls, Inc. v Crossroads Trailer Sales & Service, Inc., et al., Judge Schreier provides a useful roadmap for navigating electronically stored information (ESI) when deciding Defendant’s motion to compel, among other things, the production of documents responsive to seven ESI search terms.
Background
In March 2020, Jim Hawk
A company striving to comply with state and federal regulations, as well as outstanding litigation holds, should establish policies and protocols related to the who/what/when/how of archiving business-related text messages. This blog post contains compliance strategies companies may wish to consider regarding such messages.
“Who.” All directors, officers, and employees should be advised
Text messages have been at the forefront of national news. Indeed, the controversial failure by the Department of Homeland Security (DHS) to preserve text messages related to the events of Jan. 6 requested by Congressional subpoena[1] made text messages a topic of many dinner conversations.
Statutory and regulatory provisions may trigger a company’s duty
A case out of the District of Minnesota recently addressed whether a party can be compelled to produce text messages from an employee’s personal mobile device when that party has a bring your own device (BYOD) policy in place. See In re Pork Antitrust Litig., 2022 WL 972401 (D. Minn. 2022).
This class
In Abbott Laboratories, et al., v Adelphia Supply USA (EDNY May 2, 2019), Plaintiffs filed a motion for case-ending sanctions against defendants H&H Wholesale Services, Inc., Howard Goldman, and Lori Goldman (for purposes of this blog, “Defendants”). The parties submitted briefing and Magistrate Judge Bloom held oral argument. On May 2, 2019, Judge Bloom
In In re Actos Antitrust Litigation, No. 1:13-cv-09244 (RA) (SDA), — F.R.D. —-, 2022 WL 949798 (S.D.N.Y. March 30, 2022), Defendant produced responsive emails using “threading,” to reduce volume. Plaintiff, however, had never agreed to the use of threading, and the parties’ electronically stored information (ESI) protocol was silent about utilizing threading. And so,