Gibbons Law Alert

Gibbons Law Alert

Tagged: Laptops

Attempting to Shoot for the Moon and Settle For the Stars During the Meet and Confer Process May Result in Obtaining Neither

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Posted in E-Discovery: Legal Decisions and Court Rules

On September 8, 2014

A recent decision out of the Northern District of California provides a sobering reminder that a party’s obligation to meet and confer must be undertaken in good faith. If a party is overly aggressive – and therefore perceived not to be acting in good faith – it may wind up with nothing. Boston Scientific Corporation v. Lee, was a fairly typical case involving a former employee’s alleged theft of trade secrets. Defendant Dongchul Lee (Lee) left Plaintiff Boston Scientific Corp. (Boston) and began working for a competitor, nonparty Nevro Corp. (Nevro). Shortly thereafter, Boston sued Lee, claiming theft of trade secrets and violation of a confidentiality agreement.

Use of Work Computer Results in Waiver of Marital Communication Privilege

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Posted in Corporate Information and Records Management Policies

On February 21, 2013

In U.S. v. Hamilton, the United States Court of Appeals for the Fourth Circuit found that a husband who sent messages from his work email account to his wife, yet took no steps to protect the sanctity of those emails, waived the marital communications privilege, thus subjecting the emails to disclosure during discovery. This case serves as an important reminder that employees do not necessarily enjoy an expectation of privacy in the emails they send from their work accounts or while using their employers’ computers.

New Jersey Supreme Court Considering Guidelines Concerning Use of Electronic Devices in Courtroom

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Posted in E-Discovery: Legal Decisions and Court Rules

On October 4, 2011

The Bench Bar Media Committee of the New Jersey Supreme Court (“Committee”) has adopted, and forwarded to the Supreme Court, Guidelines for the Usage of Electronic Devices in New Jersey state courts. The proposed Guidelines comprehensively address the use of Electronic Devices in the courtroom, the common areas of a courthouse and the grounds of a courthouse. If adopted by the Supreme Court, the proposal will represent a major revision to the existing Guidelines.

Orbit One: Inadequate ESI Preservation Does Not Merit Sanctions Absent Evidence That Relevant Information Has Been Destroyed

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Posted in E-Discovery: Legal Decisions and Court Rules

On February 14, 2011

Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y. Oct. 26, 2010) represents a dichotomy in jurisprudence on ESI preservation efforts and the imposition of automatic sanctions. In Orbit One, Magistrate Judge James C. Francis, IV found that regardless of how inadequate a litigant’s preservation efforts may be, sanctions are not appropriate without proof that “information of significance” has been lost. The court determined that the threshold determination must be “whether any material that has been destroyed was likely relevant even for purposes of discovery.” In so holding, the court discussed and diverged from Judge Shira A. Scheindlin’s decision in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, which earlier held that sanctions may be warranted for inadequate preservation efforts even if no relevant evidence is lost. 685 F. Supp.2d 456, 465 (S.D.N.Y. 2010).

NJ Courts Allow Internet Usage in Court

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Posted in E-Discovery: Legal Decisions and Court Rules

On October 18, 2010

Imagine you are in a New Jersey courtroom and have begun the jury selection process. When presented with one of the prospective jurors, you think that you have read about him or her in a recent article. As a result, you open your laptop and begin to surf the Internet to research the individual, but your adversary objects, stating that he or she does not have a computer. Will the judge rule in your favor? The answer is “yes” based upon the Appellate Division’s recent opinion in Carino v. Muenzen, 2010 N.J. Super Unpub. LEXIS 2154 (App. Div. Aug. 30, 2010).

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