In the case In Re the Paternity of B.J.M., the Court of Appeals of Wisconsin, concluding that “the circuit court's undisclosed ESM connection with a current litigant in this case {by accepting a Facebook “friend” request from the litigant} created ...

Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law and more...



Judge’s Facebook Friendship with Party Causes Decision to Be Reversed and Remanded to Different Judge: eDiscovery Case Law

In the case In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019), the Court of Appeals of Wisconsin, concluding that “the circuit court’s undisclosed ESM connection with a current litigant in this case {by accepting a Facebook “friend” request from the litigant} created a great risk of actual bias, resulting in the appearance of partiality”, reversed and remanded the case for further proceedings before a different judge.

Case Background

In this case where...

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Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends

See what I did there?  ;o)  While I’m speaking at the University of Florida E-Discovery Conference today, let’s take a look at a couple of articles related to Internet of Things (IoT) devices that you need to know from an eDiscovery standpoint.

In an article in Legaltech News (E-Discovery’s New Challenge: Not Ignoring Internet of Things Data, written by Victoria Hudgins), the author notes that, in addition to smartphones, items such as Fitbits, Amazon’s Alexa, self-vacuuming...

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Tomorrow is the U-Fla E-Discovery Conference!: eDiscovery Best Practices

Usually, I remind you the day of a conference about it, but this one is big enough that I want to give you more time to register – at least for the livestream.  Believe it or not, tomorrow is the seventh annual University of Florida E-Discovery Conference.  And, as usual, the panel of speakers is an absolute who’s who in eDiscovery.

The conference focus this year is effectively managing discovery from the opposition. As they state on the site: “The opposition often holds the keys to the...

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According to Survey, Difficulty Getting Budget is the Top Legal Tech Struggle for GCs: eDiscovery Trends

According a new survey from Clyde & Co and Winmark, the number one reason that General Counsel (GCs) struggle with legal tech adoption and implementation is ‘difficulty in getting budget‘.  But, don’t blame the board for that.  ;o)

According to Artificial Lawyer (‘Difficulty Getting Budget’ No 1 Reason GCs Struggle With Legal Tech), 55 percent of the inhouse lawyers identified ‘difficulty in getting budget‘ as a challenge, which was the most of any challenges identified. ...

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In Decision That Sounds the “Death Knell” for Fifth Amendment Protection, Defendant Ordered to Provide Cell Phone Password: eDiscovery Case Law

In Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019), the Supreme Judicial Court of Massachusetts reversed a lower court judge’s denial of the Commonwealth’s renewed Gelfgatt motion (where the act of entering the password would not amount to self-incrimination because the defendant’s knowledge of the password was already known to the Commonwealth, and was therefore a “foregone conclusion” under the Fifth Amendment and art. 12 of the Massachusetts Declaration of...

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