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By H. Christopher Boehning and Daniel J. Toal | April 5, 2021
As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.
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By Marcia Coyle | April 1, 2021
"Appellate judges spend virtually every working hour speaking, listening to, reading, or writing English prose. Statutes are written in English prose, and interpretation is not a technical exercise to be carried out by mechanically applying a set of arcane rules," Alito wrote in a concurrence in the case Facebook Inc. v. Duguid, which confronted the Telephone Consumer Protection Act.
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By Robert Storace | March 4, 2021
"Robocalls are more than just a nuisance," said Connecticut Attorney General William Tong. "They are a real consumer-protection and public-safety threat."
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By Lisa H. Bebchick, Shannon Capone Kirk, and Anne Conroy | February 24, 2021
A review of regulatory guidance concerning the retention of communications sent by text such as SMS and messaging apps like WhatsApp and GroupMe. The article also looks at recent enforcement activity involving these types of communications and concludes with some practical steps broker-dealers may consider to enhance compliance.
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By Amanda Bronstad | February 17, 2021
At a Zoom hearing Wednesday before U.S. District Judge Edward Davila, many objectors insisted that plaintiffs lawyers failed to justify such an award, which is 28.3% of the $310 million settlement, and suggested fees of closer to $36 million.
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By Kenneth Artz | December 15, 2020
In 2021, expect all stakeholders in the legal system—firms, lawyers, judges, clients—to increasingly use technology to become more efficient and effective, says Graham Smith-Bernal, CEO of Opus 2.
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By Michael A. Mora | December 10, 2020
Instead of facing a class action on behalf of over 100,000 class members with an unknown number of calls at $500 apiece, Jeffrey Backman said his client is only facing damages arising from a single plaintiff who received 14 calls.
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By Amanda Bronstad | December 9, 2020
A major trial in Ohio was pushed back to fall 2021, as plaintiffs lawyers in the MDL said COVID-19 as well as their clients "require resources and dedication now."
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By Alaina Lancaster | December 9, 2020
SCOTUS questions how the TCPA works in the modern era.
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By Mike Scarcella | December 8, 2020
In his merits brief to the court, Kirkland & Ellis partner Paul Clement, representing Facebook, cited the Scalia-Garner book three times, including for the punctuation canon and the "postpositive modifier." Bryan Garner's response on the merits cited the book six times.
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