Unique LexisNexis Practice Guide New York e-Discovery and Evidence Now Available

The LexisNexis Practice Guide New York e-Discovery and Evidence is now available for New York practitioners. This one-of-a-kind product is the only place where attorneys will find practical, results-oriented guidance on how to preserve, obtain and use electronically stored information (ESI) in...

Jailhouse Audio OK'd For Massachusetts Teen’s Murder Trial

WOBURN, Mass. – (AP) A Massachusetts judge has ruled that prosecutors can use the recorded jailhouse conversations of a teenager charged with fatally stabbing another student at a high school. Middlesex Superior Court Judge Jane Haggerty said Wednesday that John Odgren is a smart teenager who knew...

Illinois Committee To Hold Public Hearings On Proposed State Code Of Evidence

SPRINGFIELD, Ill. — The Illinois Supreme Court Special Committee on Illinois Evidence has scheduled hearings in Chicago and Springfield next week on a proposed Illinois Code of Evidence. The hearing in Chicago will be held Tuesday, May 18, at 160 N. LaSalle Street, Room C-500. It is scheduled...

Illinois Committee To Hold Hearings Next Week On Proposed Code Of Evidence

SPRINGFIELD, Ill. — The Illinois Supreme Court Special Committee on Illinois Evidence has scheduled hearings in Chicago and Springfield next week on a proposed Illinois Code of Evidence. The hearing in Chicago will be held Tuesday, May 18, at 160 N. LaSalle Street, Room C-500. It is scheduled...

Wrongfully Convicted New York Man Wins $6.5 Million Settlement

WHITE PLAINS, N.Y. - (AP) A New York man who wrongfully served 16 years in prison has won a $6.5 million settlement. Jeffrey Deskovic was released from prison in 2006 after DNA linked the 1989 murder of a Peekskill High School classmate to another man. He was exonerated at age 33. Deskovic filed a lawsuit...

Fulbright & Jaworski On Landmark Federal Circuit Rulings On Spoliation, Sanctions

Micron Tech., Inc. v. Rambus Inc. , 2011 U.S. App. LEXIS 9730 (Fed. Cir. May 13, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] and Hynix Semiconductor Inc. v. Rambus Inc ., 2011 U.S. App. LEXIS 9728 (Fed. Cir. May 13, 2011) [...

Sutherland Alert: Shredding Before Suing Can Lead To Spoliation Sanctions

by Ann Fort and Jason Chang Patent owners are now on notice: The Federal Circuit has confirmed that shredding relevant documents after identifying litigation targets can lead to spoliation sanctions, even if the destruction occurred before litigation was "imminent" or "probable without...

Tweets And Status Updates Meet The Courtroom: How Social Media Continues To Be A Challenge For E-Discovery In 2011

By Nadine R. Weiskopf According to a survey from Arbitron Inc. released in April 2011, the percentage of Americans age 12 and older who have a profile on one or more social networking websites has reached almost half (48 percent) of the population-double the level from three years ago (24 percent...

John Castellano On Williams v. Illinois: Supreme Court to Decide Admissibility Under Confrontation Clause of Expert Testimony of DNA Results

In Williams v. Illinois , the Supreme Court is poised to consider a critical Confrontation Clause issue that may determine the admissibility of DNA test results in thousands of prosecutions across the country. In this commentary, John Castellano, a 28-year veteran of criminal practice, discusses the...

LexisNexis In-House Advisory: Contracting For E-Discovery Competence

By Jeffrey Ritter, Esq., CEO and Founder, the Ritter Academy Managing digital information as evidence now requires that corporate clients of law firms think differently about the terms of their engagement letter with a law firm. In today's digital business environment, a law firm is no longer...

X1 Discovery Shares List Of Public Cases Involving Social Media Evidence

The torrent of social media evidence continues to grow and X1 Discovery continues to monitor online legal databases of state and federal court decisions across the United States, where evidence from social networking sites played a significant role. Now, with 320 published cases in the first half...

Your Ability to Effectively Present Your Best Evidence Now Rivals Your Favorite (or Least Favorite) Talk Show

An effective way The Daily Show's Jon Stewart unravels politicians is to play a clip of a politician adamantly declaring his "life-long, unwavering, and impenetrable belief" that the world is round, then playing five clips of the same politico declaring his "life-long, unwavering,...

When Law Firm Revenue Morphs into an Expense It's Not Pretty

It's a wonder of nature. After spending week after week eating every green leafy vegetable in sight, a caterpillar forms itself into a chrysalis. Through the miracle of metamorphosis it emerges as a butterfly, just as delicate as it is beautiful. And, if lucky enough to stay away from your windshield...

ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...

William A. Ruskin: Comcast May Be A Class Action Game-Changer, But Not In Boston

By William A. Ruskin | In Comcast Corp. v Behrend , 133 S.Ct. 1426 (March 27, 2013) [ enhanced opinion available to lexis.com subscribers ], the Supreme Court held that the lower court erred in failing to consider flaws in plaintiffs' damages model merely because the damages model would be pertinent...

U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal

WASHINGTON, D.C. — (Mealey’s) The plain language of 28 U.S. Code Section 1446(a) requires only “a short and plain statement of the grounds for removal,” not evidence, the attorney representing Dart Cherokee Basin Operating Co. LLC and Cherokee Basin Pipeline LLC argued Oct. 7...

Steptoe & Johnson PLLC: Know How: Timely Tips for Avoiding Sanctions for Failure to Preserve Evidence

By Bridget M. Cohee, Member With the nationwide move to using electronic medical records in lieu of paper charts, the duty to preserve evidence has become a more complicated process for medical providers. The duty to preserve evidence arises when a party has notice that the evidence is relevant to...