E-Discovery

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Smart Contracts are basic to creating and verifying blocks in Blockchain, and Wikipedia defines a Smart Contract “is a computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract.” But if you study that definition really Smart Contracts are computer programs which are “made partially or fully self-executing, self-enforcing, or both.” Under the law a contract is created between at least two parties after there has been an offer,…
Please watch my latest video entitled “The Impact of the Latest Technology Challenges on You” which includes an update on privacy laws including about GDPR, IoT, Cybersecurity, among other topics may affect you and your business. The video was produced by Financial Management Network and SmartPros (a Kaplan company), and my long time friend Jeff Jacobs. The video covers a range of topics including: Data Privacy GDPR CLOUD Act IoT AMI (Advanced…
In a recent decision out of Oklahoma (Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C [W.D. Okla. June 13, 2018]), District Judge Robin J. Cauthron ruled that non-party ESI subpoenaed pursuant to Rule 45 was not subject to the 100 mile-limitation found in the Rule.  Specifically, the Court held there is “no violation of the 100-mile limitation,” as the non-party “subpoena at issue does not require the travel or attendance of any witnesses…
Law.com reported that “crypto assets, which include cryptocurrencies, tokens, and ICOs, ‘raise issues with respect to consumer and investor protection, market integrity, tax evasion, money laundering and terrorist financing.’” The August 6, 2018 article entitled “G20 Countries’ Cryptocurrency Regulations Highlight Contradictory Blockchain Realities” included these comments: At the 2018 G20 international forum, finance ministers and central bank governors from 20 of the world largest industrialized or emerging nations called for more insight on…
The New York Times reported that “Apple became the first publicly traded American company to be worth more than $1 trillion when its shares climbed 3 percent to end the day at $207.39. The gains came two days after the company announced the latest in a series of remarkably profitable quarters.” The August 3, 2018 article entitled “Apple Is Worth $1,000,000,000,000. Two Decades Ago, It Was Almost Bankrupt” described the introduction of the…
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Hopefully your relationship with data custodians is a little bit better than this cat’s. Unless its custodians happen to be mice, there’s really no reason at all for them to fail to acknowledge a legal hold, after all. If you’re looking to review the basics of legal holds, or if you’re just a beginner, then you should check out Exterro’s Beginner’s Guide to Legal Holds, a great introductory resource for all you e-discovery cats.…
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“Objection, foundation.” To any seasoned trial attorney, the foundation objection shouldn’t trip up anyone. Akin to blocking and tackling in football, laying foundation for admission of evidence is almost taken for granted. But ask that same trial lawyer (only after a few adult beverages) if he or she has ever been tripped up on a foundation objection, many, if not most, will say they have. Heck, it happened to me on a couple of occasions…
The purpose of discovery is to take the “game” element out of trial preparation by enabling the parties to obtain evidence necessary to evaluate and resolve their dispute before a trial is necessary.  Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2018) ¶8:1 citing Greyhound Corp. v. Superior Court (1961) 55 C.2d. 335, 376. Serving “[a]ppropriate written interrogatories are one of the means to accomplish the general goals of the discovery…
The New York Times reported that “Now the race is on to become the go-to destination for cryptocurrency companies that are looking for shelter from regulatory uncertainty in the United States and Asia.” The July 29, 2018 article entitled “Have a Cryptocurrency Company? Bermuda, Malta or Gibraltar Wants You” included these comments: In small countries and territories including Bermuda, Malta, Gibraltar and Liechtenstein, officials have recently passed laws, or have legislation in the…
The New York Times reported in response to the EU $5.1 billion fine that “Google argued that the European decision was an attack on its ad-based business model. … The arrangement, the company said, lets manufacturers compete with Apple’s iPhones and iPads, by making phones and tablets of various designs and prices, while Google makes money through its services.”  The July 18, 2018 article entitled “E.U. Fines Google $5.1 Billion in Android Antitrust Case…