Recent Blog Posts
October 14, 2021
Requesting parties routinely serve overly broad requests that are a complete non-starter for determining what information a responding party should realistically expect to produce. Indeed, far too many lawyers on each side of the “v” are abusing the concept, treating proportionality as just another “weapon to wage litigation” rather than using proportionality standards to approach discovery in a more meaningful way.
September 23, 2021
Companies now use ephemeral messaging as an authorized communication tool to advance legitimate business objectives. With automated deletion of message content and end-to-end encryption, ephemeral messaging apps like Wickr and Signal offer a secure communication platform that may facilitate compliance with data protection and privacy laws. Nevertheless, companies must exercise caution when using ephemeral messaging, particularly when litigation is pending or reasonably anticipated.
August 19, 2021
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases. This was certainly the case in Rossbach v. Montefiore Medical Center. In Rossbach, the court determined that a purported salacious and inappropriate text message plaintiff submitted in support of her harassment and retaliation claims had been fabricated based on (among other things) characteristics of the “heart eyes” emoji embedded in the message.