Discovery Advocate

Under New York law, the attorney-client privilege applies to advice from counsel regarding general legal subjects, even when unsolicited and there is no anticipated litigation or pending action.

https://www.discoveryadvocate.com/blogs/new-york-court-of-appeals-confirms-attorney-client-privilege-can-apply-without-anticipated-pending-litigation-or-clients-affirmative-request-for-legal-advice/

The Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division announced today in a joint statement that both agencies are updating language in their standard prese...

https://www.discoveryadvocate.com/blogs/ftc-and-doj-update-guidance-regarding-preservation-of-data-from-collaboration-tools-and-ephemeral-messages/

Are you using a generic electronically stored information (ESI) protocol without giving it much thought? Paying attention to your ESI protocol is vital, as it can determine the direction of your ...

https://www.discoveryadvocate.com/blogs/a-customized-esi-protocol-the-key-to-a-successful-litigation-strategy/

In a rapidly evolving world where the intersection of law and technology is increasingly critical, individuals like Kayla Prieto are setting a remarkable example. As an associate in the Litigatio...

https://www.discoveryadvocate.com/blogs/kayla-prieto-highlighted-in-the-women-of-legal-tech-series/

FINANCIAL REGULATORS CONTINUE FOCUS ON OFF-CHANNEL COMMUNICATIONS On Aug. 8, the Securities and Exchange Commission (SEC) announced it had imposed $289 million in fines on 10 broker-dealers fo...

https://www.discoveryadvocate.com/blogs/heed-this-message-organizations-that-fail-to-contemplate-off-channel-communications-do-so-at-their-own-peril/

PRACTICAL INSIGHT Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source ...

https://www.discoveryadvocate.com/blogs/court-declines-to-compel-employer-to-produce-data-from-employees-personal-mobile-devices/

KEY TAKEAWAYS HSBC Securities (USA) Inc. (HSBC) and Scotia Capital (USA) Inc. (Scotia Capital) paid a combined $37.5 million in fines to settle actions with the Securities and Exchange Commiss...

https://www.discoveryadvocate.com/blogs/sec-and-cftc-continue-crackdown-on-financial-firms-over-off-channel-communications/

In re Google Play Store Antitrust Litig., — F. Supp. 3d —-, 2023 WL 2673109, No. 21-MD-02981 (JD) (N.D. Cal. Mar. 28, 2023) PRACTICAL INSIGHT This decision illustrates three trends in e-d...

https://www.discoveryadvocate.com/blogs/google-sanctioned-for-failure-to-preserve-internal-chat-messages/

PRACTICAL INSIGHT This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and co...

https://www.discoveryadvocate.com/blogs/client-counsel-sanctioned-more-than-2-5-million-for-amateur-hour-discovery-ineptitude/

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices. The memo made clear that the DOJ ...

https://www.discoveryadvocate.com/blogs/doj-corporate-criminal-enforcement-updates-shine-a-spotlight-on-texts-and-instant-messaging-applications-as-potential-evidence/