The Honorable Shira Scheindlin once opined against allowing custodians of ESI to collect their data stating “[s]earching for an answer on Google (or Westlaw or Lexis) is very different from searching for all responsive documents in the FOIA or e-discovery context…” and “most custodians cannot be ‘trusted’” to effectuate a legally sufficient collection. National Day
Spoliation of Evidence: When a Litigation Hold is no Longer Privileged
In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so, issuing timely a litigation hold notice is critical for preserving information relevant or potentially relevant to
Federal Judge Finds it is Counsels’ Absence of Good Faith and Cooperation Causing an Increase in Duration and Expense of Litigation
Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process.
Aldinger, an employment discrimination case pending in the United States District Court for the Western District of New York, involved a series of discovery disputes including Plaintiff’s motion to compel Defendant to respond to her First
Rise of Mobile Phishing Scams
In the span of a few short months, the number of phishing attacks targeting smartphones as the entry point to enterprise networks has risen by more than a third. Indeed, one cybersecurity company found a 37% increase in mobile phishing attacks worldwide between November 2019 and early 2020.*
As previous blog posts have observed,
Hey Google: Are You Alone?
Smart speakers – like Google Home and Amazon Echo – have changed the way our homes/offices function. Indeed, these voice-activated speakers execute simple commands provided by voice or smartphone application. With nothing more than a question, one can direct the smart speaker to, among other things, play music and podcasts, provide a weather forecast, or
What do Lady Gaga, LeBron James and the Texas Courts Have in Common?
Give up? Each recently made headlines in connection with ransomware — a form of malware that encrypts a victim’s electronic files. The attacker then demands a ransom – typically payable in bitcoin – from the victim to restore access to the data upon payment.*
In fact, in the span of one week, the Texas
The Rise of Electronic Signatures and Remote Notarizations Amid COVID-19 Pandemic
As we continue to conduct business virtually, non-traditional means of document execution are becoming increasingly popular. It is critical, however, to understand the laws and requirements associated with these non-traditional means so that a document that is electronically signed, or remotely notarized enjoys the same legal validity and effect as if signed, or attested to
Federal Court Denies Request for Wholesale Disclosure of Text Messages
A recent federal district court decision, Lawson et al. v Love’s Travel Stops & Country Stores, Inc., US Dist Ct, MD Pa, 1:17-CV-1266, Carlson, J., 2019, reminds litigants of the need to tailor discovery requests for electronically stored information (“ESI”).
Before the Court was plaintiffs’ motion to compel defendants’ production of “all” text
Opportunist Hackers “Zoom-Bombing” and Infiltrating Videoconferences Amid Coronavirus Pandemic
With much of the American workforce (and educational systems) working remotely, reliance upon videoconferencing software for workplace and educational collaboration has increased significantly. One of the more widely embraced platforms during the pandemic is Zoom Video Communications, Inc. (“Zoom”). According to the New York Times, around 600,000 people downloaded the Zoom application on March 15
Cyber Threats on the Rise During COVID-19 Pandemic
As the coronavirus (“COVID-19”) causes countless companies and employers to implement remote working environments, millions of Americans will be working from home. It is, therefore, critically important to remain vigilant about cybersecurity best practices.
As observed in recent news alerts, cybersecurity threats, perpetuated by opportunistic cyber-criminals preying on a vulnerable virtual workforce, are on the