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 24, 2018

Punitive Damages Under New York City Human Rights Law

The New York City Human Rights Law prohibits employment discrimination based on, among other things, an employee’s gender.  The law has plainly provided for punitive damages […]
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 […]
December 26, 2017

Shifting the Costs and Burdens of eDiscovery

Attorneys are always concerned with the financial, time and resource burdens associated with producing documents and electronically stored information (ESI). When these costs are paid by […]
December 26, 2017

Key Issues to Consider When Automating the Legal Hold Process

Companies that deal with a larger than average volume of litigation would do well to consider methods to improve the legal hold process through a form […]
November 26, 2017

MobileRev™ Provides Electronic Discovery Solution for Social Messaging and Mobile Content

The universe of electronic data is expanding with a diverse array of locations hosting information submitted from portable devices with computing power that rivals desktop computers.  […]
November 4, 2017

Excess Line Association of New York v. Waldorf & Associates, et al

Ohrenstein & Brown, LLP, attorney Michael D. Brown, for respondents, was included in the Excess Line Association of New York v. Waldorf & Associates, et al court decision.  […]
October 17, 2017

Making Your Rule 26(F) Meet and Confer an Effective Mechanism for Focusing Discovery and Mitigating Discovery Costs

The Rule 26 proportionality standard imposes an affirmative duty on the parties to litigation to focus discovery requests to streamline the process and account for the […]
October 8, 2017

Court’s Broad Interpretation of “Control” Over Text Messages of a Third-Party Leads to Adverse Inference Discovery Sanction

The expansive scope of electronic discovery poses significant challenges for companies in terms of preserving text messages subject to discovery.  Most officers and management personnel might […]
September 29, 2017

Recent Poll of Employee Data Practices Indicate Employers Exposed to Litigation Risks Because of Employee Practices

The management of big data and litigation risks associated with e-Discovery are issues of growing importance.  A recent study suggests that these risks are magnified because […]
September 21, 2017

Expansive Influence of Social Media Applications Creates Unique Electronic Discovery Challenges

While electronic discovery issues can take many forms, the evolving diversity and number of social media websites and applications pose legal, practical, and ethical litigation challenges.  […]