Blog Archives

Lawyer’s Duty to Preserve Social Media Evidence

By Hayes Hunt and Jeffrey Monhait Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar Association. However, lawyers

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Posted in Social Media & Law

Deposition Tactics – Obstructionist Litigation

By Hayes Hunt and Arthur Fritzinger With fewer trials and an increasing focus on using the discovery process to leverage a favorable settlement or resolution, it is common for litigation counsel to be obstructionist during discovery. For example, counsel may

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Posted in Litigation

Less Discovery? Proposed Amendments to the Federal Rules of Civil Procedure May Change the Scope of Discovery As We Know It

By Thomas G. Wilkinson, Jr. & Thomas M. O’Rourke According to some estimates, discovery costs account for between 50 and 90 percent of total litigation costs. In an attempt to streamline federal discovery, the Judicial Conference Committee on Rules of

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Posted in Discovery

Judge Rejects Aaron Swartz’s Estate’s Request to Release Names of Individuals Involved in his Prosecution

By Hayes Hunt and Calli Varner Recently, a federal judge rejected Aaron Swartz’s estate’s request to release the names of the individuals involved in Swartz’s criminal prosecution.  Aaron Swartz became the subject of media attention earlier this year when he

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Posted in Prosecution & Defense

Facebook And Twitter Subpoenas, Privacy And The Law

By Hayes Hunt and Jillian Thornton 955 million people are Facebook users and there are 500 million Twitter users worldwide.  With these staggering numbers, social media is a goldmine or minefield for lawyers seeking information.  What happens when a lawyer

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Posted in Social Media & Law

Predictive Coding – Clawing Back Privileged Documents

By Hayes Hunt and Jillian R. Thornton With regard to privilege review, lawyers utilizing predictive coding of ESI need to be especially vigilant not to inadvertently produce privileged documents. Although predictive coding can be used to assess privilege as well

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Posted in Litigation

What Judges are Doing with Predictive Coding

By:  Hayes Hunt and Jillian Thornton The difficulty with implementing processes such as predictive coding is that the technology is so new that these methods are fairly untested in court. However, the first wave of cases discussing the propriety of

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Posted in Litigation

Predicting the Future of Predictive Coding

By Hayes Hunt and Jillian R. Thornton A decade ago, document review meant a small militia of lawyers sitting in a windowless warehouse surrounded by bankers’ boxes full of paper documents. Now, thanks to extreme information inflation, the bulk of

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Posted in Litigation

Using Social Media for Discovery Has Ethical Implications.

By Thomas G. Wilkinson, Jr. and Lindsey E. Wilkinson It has become common practice for lawyers to mine social media pages of parties and witnesses for discovery purposes.   But can the urge to dig up dirt on opposing parties cause lawyers

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Posted in The Practice of Law
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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