Matt Bryant

September 25, 2018

Social Networking Sites Still Discoverable in NY

As previously reported in the New York Law Journal, more and more New York courts have applied a liberal standard to the discoverability of a plaintiff’s social […]
August 14, 2018

Exempt or Non-Exempt Employees

Whether you are an employer or an employee in New York, it is important to understand the distinction between exempt and non-exempt employees. For employers, treating non-exempt […]
July 24, 2018

NYC Employee’s Right to Disconnect

Given the ever-increasing reliance on digital technology, employees are more and more tethered to their smartphones – checking email during their commute, at the dinner table, […]
May 30, 2018

How Courts Are Using TAR

In this class action lawsuit the plaintiff alleged that companies in the broiled chicken industry were colluding in order to limit the supply of chickens.  This […]
April 21, 2018

GDPR and eDiscovery

The General Data Protection Regulation (GDPR)’s arrival is imminent. On May 25, the new regulation governing data privacy for citizens of the EU’s 28 member countries […]
April 3, 2018

Bad Faith Claims and Discovery

If an insurer could be facing a bad faith claim, what documents may be discoverable during litigation is an important consideration. While the ultimate outcome hinges […]
March 24, 2018

Cybersecurity ESI Update

Cybersecurity is not a primary job for all legal teams and attorneys.  We handle confidential computer data on a daily basis that belongs to our clients, […]
March 2, 2018

The Dangers of Self Collection-FRE Rule 902(14)

Self-data collection has always been a highly debated topic for organizations, many of which have struggle with whether or not they can effectively handle it themselves.  […]
March 2, 2018

DETERMINING APPROPRIATE KEYWORDS WHEN PRODUCING ELECTRONIC DISCOVERY

United States v. New Mexico State Univ., No. 1:16-cv-00911-JAP-LF, 2017 WL 4386358 (D.N.M. Sept. 29, 2017) In this pay discrimination case, the Court addressed Defendants’ motion […]
February 3, 2018

Court Limit’s The Breadth of Social Media Request in Discovery

In today’s world of ever expanding data sources, we are constantly being faced with the question of proportionality. We are seeing requests that ask for such […]
February 2, 2018

Third Circuit Rules on Employer Friendly “but for” Causation Standard Applies To False Claims Act Retaliation Claims

In the case DiFiore v CSL Behring, LLC the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to […]
January 3, 2018

Preventing the High Costs of eDiscovery

The process of electronic discovery can be a rather expensive one, depending on the circumstances of the case in question. The risks are especially disproportionate for […]