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…
Blog Archives
Facebook And Twitter Subpoenas, Privacy And The Law
Tagged with: Discovery, privacy, Social Media Law, subpoena, Technology and Law
Posted in Social Media & Law
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…
Tagged with: attorney work product, attorney-client privilege, Claw back, Discovery, inadvertent disclosure, Litigation, Litigation Practice, privileged documents
Posted in Litigation
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…
Tagged with: Discovery, Litigation, Litigation Practice, Predictive Coding, Technology and Law
Posted in Litigation
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…
Tagged with: Discovery, ESI, Litigation, Litigation Practice, Predictive Coding
Posted in Litigation
Posted in Litigation
The Supreme Court’s Confrontation with Forensic Evidence: Williams v. Illinois
by: Hayes Hunt and Calli Varner On June 18, 2012, the Supreme Court came down with a fractured 5-4 decision disrupting long-standing 6th Amendment Confrontation Clause precedent as it applies to forensic evidence. Williams v. Illinois, No. 10-8505 (June 18,…
Tagged with: 6th Amendment, Confrontation Clause, Cross Examination, DNA testing, Evidence, Expert Testimony, SCOTUS
Posted in Trial
Posted in Trial
Juror Misconduct & Bias – Social Media Investigation
by: Hayes Hunt and Jonathan A. Cavalier Use of social media to explore the histories and potential biases of a jury pool is relatively new, but it is rapidly gaining in popularity. While voir dire can be an effective tool…
Uses of Social Media for Corporate Counsel – Investigating & Defending Claims
by: Hayes Hunt and Jonathan A. Cavalier By now, most litigators have bumped up against at least one or two social media issues in their practices. Social media has become a hot-button discovery issue and a potential source of valuable…
Roger Clemens Trial – Jurors Question Witnesses
by Hayes Hunt and Brian Kint Jurors in Roger Clemens’ perjury case submitted 29 questions that they want to ask the prosecution’s chief witness, Brian McNamee. Among the questions: “Why should we believe you when you have shown so many…
Social Media – Screening at Work and Job Interview
by: Hayes Hunt and Jonathan R. Cavalier Companies now frequently use social media to vet applicants, with some even going so far as to force applicants to permit company employees to access their various social media sites. With Facebook expected…
Tagged with: Employer Duty, Hayes Hunt, Job Interview, Jon Cavalier, Screening Employees, Social Media, Social Media Law
Posted in Social Media & Law
Posted in Social Media & Law
Andy Pettitte’s “50-50” Testimony – Roger Clemens’ Trial
by: Hayes Hunt and Brian Kint Federal prosecutors in Roger Clemens’ perjury trial may have made a costly error after Andy Pettitte testified that he was “50-50” about a conversation he had with Clemens regarding his use of human growth…
Tagged with: Andy Pettitte, Federal Rule of Evidence 607, FRE 401, HGH, Roger Clemens
Posted in Trial
Posted in Trial
