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Full-Text Articles in Law
Social Media And Legal Ethics, Jonathan I. Ezor
Social Media And Legal Ethics, Jonathan I. Ezor
Jonathan I. Ezor
A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery
Electronic Discovery: A Survey Of E-Discovery, Its Effect On Corporate Constitutional Rights And Why Corporations May Receive The Fifth Amendment Privilege Against Self-Incrimination During Parallel Civil And Criminal Litigation, Percy Arnell King
Percy Arnell King Esq.
Advancing technology has created more places to seek out relevant information than ever before which, has created a burden for corporations tasked with retaining this information to comply with applicable laws and the prospect of civil or criminal litigation. This article explores how the modern trend of storing information electronically and subsequent electronic discovery allowed in parallel civil and criminal trials is inherently unfair to corporations. Furthermore, corporations have been granted several rights derived from the Bill of Rights, and should also receive the Fifth Amendment privilege against self-incrimination.
State E-Discovery Today: An Assessment And Update Of Rulemaking, Thomas Y. Allman
State E-Discovery Today: An Assessment And Update Of Rulemaking, Thomas Y. Allman
Thomas Y. Allman
Discovery of information in electronic form for use in civil litigation in the United States has assumed major importance in the state courts, where the great bulk of litigation occurs. This paper analyzes the 37 states that have formally acted against the backdrop of the key issues facing litigants utilizing electronically stored information, with a particular emphasis on the author's view, as a former General Counsel, that the time has come to embody rationale principles of preservation and spoliation in the rules at both the federal and state level.